NSW Attorney General Brad Hazzard has announced that former Attorney General John Hatzistergos has been appointed to the District Court of NSW.
http://www.justice.nsw.gov.au/Pages/media-news/media-releases/2014/bench-calls-former-ag.aspx
Sydney, Australia
1300 00 2088
ON 9 OCTOBER 2014, the High Court of Australia delivered Kentwell v The Queen and O’Grady v The Queen.
http://www.austlii.edu.au/au/cases/cth/HCA/2014/37.html
http://www.austlii.edu.au/au/cases/cth/HCA/2014/38.html
NSW Court of Criminal Appeal had refused two applications for extension of time to appeal against sentences by applying the test used in Abdul v The Queen which requires the court to ask whether or not a refusal would cause a substantial miscarriage of justice by the sentence.
The High Court allowed appeals against the dismissals, holding that Abdul was wrongly decided as it confined the use of the court’s discretion. The High Court held that the Court of Criminal Appeal has a wide discretion that is to be exercised by consideration of what the interests of justice require in the particular case rather than whether or not a refusal would cause a substantial miscarriage of justice.
Sydney, Australia
1300 00 2088
Kentwell v The Queen
http://www.austlii.edu.au/au/cases/cth/HCA/2014/37.html
O’Grady v The Queen
http://www.austlii.edu.au/au/cases/cth/HCA/2014/38.html
1300 00 2088
ON 8 OCTOBER 2014, the High Court of Australia delivered Brookfield Multiplex Ltd v. Owners Corporation Strata Plan 61288 & Anor.
http://www.austlii.edu.au/au/cases/cth/HCA/2014/36.html
The High Court held that the builder, who had contracted with a developer to build a strata-title apartment complex, did not owe the owner’s corporation a duty of care to avoid economic loss arising from latent defects in the common property.
Sydney, Australia
1300 00 2088
ON 8 OCTOBER 2014, the High Court of Australia delivered Tajjour v State of New South Wales; Hawthorne v State of New South Wales; Forster v State of New South WalesTajjour v State of New South Wales; Hawthorne v State of New South Wales; Forster v State of New South Wales
Click to access hca-35-2014-10-08.pdf
http://www.austlii.edu.au/au/cases/cth/HCA/2014/35.html
The High Court upheld the constitutional validity of s93X of the Crimes Act 1900 (NSW).
Section 93X makes it an offence for a person to habitually consort with convicted offenders and consort with those convicted offenders after being given an official warning in relation to each of those offenders.
The section was challenged on the basis that it impermissibly burdens the implied constitutional freedom of communication concerning government and political matters.
The court determined that the section did not impermissibly burden the implied constitutional freedom.
The court accepted that there is a burden, but held the section was not invalid as it was “reasonably appropriate and adapted, or proportionate, to serve the legitimate end of the prevention of crime in a manner compatible with the maintenance of the constitutionally prescribed system of government”.
Sydney, Australia
1300 00 2088
ON 4 OCTOBER 1996, the Federal Court of Australia delivered News Limited & ors v Australian Rugby Football League Ltd & ors; Brisbane Broncos Rugby League Football Club Ltd & ors v Australian Rugby Football League Ltd & ors; Cowboys Rugby League Ltd v the Australian Rugby Football Club Ltd & ors [1996] FCA 870 (4 October 1996).
http://www.austlii.edu.au/au/cases/cth/FCA/1996/870.html
Sydney, Australia
1300 00 2088
Unpaid work arrangements – vocational placements, unpaid internships, unpaid work experience and unpaid trials – need to be considered carefully as they are not always appropriate.
The Fair Work Ombudsman publishes helpful information about unpaid work. For more information visit http://www.fairwork.gov.au/Pay/unpaid-work
Sydney, Australia
1300 00 2088
The National Pro Bono Resource Centre has released its annual performance report. Seventeen of the top 20 law firms in Australia are signatories to the target of 35 pro bono hours per lawyer, per year. Ten of those firms met or exceeded the 35 hour target in the last financial year.
For more information visit http://www.lawyersweekly.com.au/news/large-law-smashes-pro-bono-target
1300 00 2088
A Practitioner’s Guide to Corporate Law is a handy guide to the basic procedures of corporate law. It is published free of charge courtesy of the Business Law Committee of the NSW Young Lawyers.
1300 00 2088
The following matters are listed for judgment in the High Court of Australia next week:
1.Tajjour v State of New South Wales; Hawthorne v State of New South Wales; Forster v State of New South Wales (S36/2014; S37/2014; S38/2014). Wednesday, 8 October 2014 at 10.15 am in Court No. 2 Parkes Place, Canberra.
Audio-visual Recording 10/06/14
Audio-visual Recording 11/06/14
2. Brookfield Multiplex Ltd v. Owners Corporation Strata Plan 61288 & Anor (S66/2014). Wednesday, 8 October 2014 at 10.15 am in Court No. 2 Parkes Place, Canberra.
Lower court judgment: 25/09/2013 Supreme Court of New South Wales (Court of Appeal) (Basten JA, Macfarlan, JA, Leeming JA)
3. Kentwell v The Queen (S113/2014). Thursday 9 October 2014 at 10.15 am in Court No.2 Parkes Place, Canberra.
Lower court judgment: 14/11/2013 Supreme Court of New South Wales (Court of Criminal Appeal) (Hoeben CJatCL, Johnson J, Bellew J)
Appellant’s Written Submissions
Respondent’s Written Submissions
4. O’Grady v The Queen (S114/2014) Thursday 9 October 2014 at 10.15 am in Court No.2 Parkes Place, Canberra.
Lower court judgment: 18/11/2013 Supreme Court of New South Wales (Court of Criminal Appeal) (Hoeben CJatCL, Johnson J, Bellew J).
Appellant’s Written Submissions
Respondent’s Written Submissions
Sydney, Australia
1300 00 2088
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