Re Phillip Adamson and Others v New South Wales Rugby League Limited and Others [1991] FCA 425; (1991) 13 Atpr 41-141; 103 ALR 319 (1991) 31 FCR 242 (1991) 38 IR 427 (6 September 1991).
http://www.austlii.edu.au/au/cases/cth/FCA/1991/425.html
Sydney, Australia
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ON 14 AUGUST 1991, the High Court of Australia delivered Polyukhovich v Commonwealth (“War Crimes Act case”) [1991] HCA 32; (1991) 172 CLR 501 (14 August 1991).
http://www.austlii.edu.au/au/cases/cth/HCA/1991/32.html
Polyukhovich brought proceedings against the Commonwealth seeking declarations that the War Crimes Amendment Act 1988 (Cth) and certain provisions of the War Crimes Act 1945 (Cth) were constitutionally invalid on the grounds that the legislation (1) exceeded the Commonwealth’s defence (s51(vi)) and external affairs powers (s51(xxix)); and (2) invalidly usurped the Commonwealth’s judicial power, infringing Chapter III.
The High Court held that the legislation was valid.
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ON 1 JULY 1991, the Commonwealth Social Security Act 1991 commenced.
http://www.austlii.edu.au/au/legis/cth/consol_act/ssa1991186/
Sydney, Australia
1300 00 2088
ON THIS DAY in 1991, the NSW Criminal Records Act 1991 commenced.
The Act implemented a scheme to limit the effect of a person’s previous conviction for a relatively minor offence if the person completes a period of crime-free behaviour. On the completion of the period, the conviction is regarded to be spent and, subject to some exceptions, not to form part of the person’s criminal history.
http://www.austlii.edu.au/au/legis/nsw/consol_act/cra1991167/
ON 28 MAY 1991, the High Court of Australia delivered Gala v Preston [1991] HCA 18; (1991) 172 CLR 243 (28 May 1991).
A passenger injured whilst travelling in a car that was used for an unlawful purpose was not entitled to damages for injuries he received when the driver lost control of the vehicle and collided with a tree. The court held that a duty not was owed because there was no relationship of proximity between the parties and in the circumstances the they could not have had “any reasonable basis for expecting that a driver of the vehicle would drive it according to ordinary standards of competence and care”.
Sydney, Australia
1300 00 2088
ON 24 APRIL 1991, the High Court of Australia delivered March v Stramare (E & MH) Pty Ltd [1991] HCA 12; (1991) 171 CLR 506; (1991) 9 BCL 215 (24 April 1991).
Negligence – Causation – Duty of care – Injury reasonably foreseeable – Successive negligent acts by different persons – Whether first negligent actor exonerated by intervening negligent act – Apportionment of liability – Wrongs Act 1936 (S.A.), s. 27a(3).
The “but for” test was considered to be not a definitive test of causation in negligence. Causation is a question of fact to be determined with reference to common sense and experience.
http://www.austlii.edu.au/au/cases/cth/HCA/1991/12.html
The “but for” test has since been revived by the operation of the Civil Liability Acts: see for instance Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Bou Najem [2009] HCA 48 (10 November 2009).
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Sydney, Australia
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ON 17 APRIL 1991, the High Court of Australia delivered Harris v Caladine [1991] HCA 9; (1991) 172 CLR 84 (17 April 1991).
Parts of the Family Law Act 1975 (Cth) allowing Judges of the court to make rules delegating judicial powers to registrars and non-judical officers were held to be valid and not in breach of the doctrine of separation of powers found in s71 and Chapters II and III of the Australian Constitution.
Family Court Judges may make rules and delegate their powers as long as they continue to bear the major responsibility for the exercise of judicial power. The delegation must not be inconsistent with the obligation of a court to act judicially and that the decisions must be subject to review or appeal by a Judge.
Sydney, Australia
1300 00 2088
Re Siddons Pty Ltd v the Stanley Works Pty Ltd [1991] FCA 116; (1991) 13 Atpr 41-111/99 ALR 497/20 IPR 1; 29 FCR 14 (5 April 1991).
http://www.austlii.edu.au/au/cases/cth/FCA/1991/116.html
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ON 22 MARCH 1991, the High Court of Australia delivered McKinney v R [1991] HCA 6; (1991) 171 CLR 468 (22 March 1991).
http://www.austlii.edu.au/au/cases/cth/HCA/1991/6.html
A trial judge must warn a jury of the dangers of convicting the accused on the basis of their alleged admissions whilst in custody.
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ON THIS DAY in 1991, Australia ratified the UN Convention on the Rights of the Child.
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