Innovac Dyer Pty Limited v Mosman Council [2003] NSWLEC 7 (4 February 2003).
Category Archives: LAW FIRM
Plaintiff S157/2002 v Commonwealth [2003] HCA 2
ON 4 FEBRUARY 2003, the High Court of Australia delivered Plaintiff S157/2002 v Commonwealth [2003] HCA 2; 211 CLR 476; 195 ALR 24; 77 ALJR 454 (4 February 2003).
http://www.austlii.edu.au/au/cases/cth/HCA/2003/2.html
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Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419
ON THIS DAY in 2002, the NSW Court of Appeal delivered Amalgamated Television Services Pty Ltd v Marsden [2002] NSWCA 419 (24 December 2002).
http://www.austlii.edu.au/au/cases/nsw/NSWCA/2002/419.html
Sydney, Australia
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Police Association of New South Wales v Commissioner of Police [2002] NSWIRComm 126
ON 20 DECEMBER 2002, the NSW Industrial Relations Commission delivered Police Association of New South Wales v Commissioner of Police [2002] NSWIRComm 126 (20 December 2002).
http://www.austlii.edu.au/au/cases/nsw/NSWIRComm/2002/126.html
Sydney, Australia
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Alan Jones v John Fairfax Publications Pty Ltd and Anor [2002] NSWSC 1211
Alan Jones v John Fairfax Publications Pty Ltd and Anor [2002] NSWSC 1211 (18 December 2002)
Sydney, Australia
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Mosman Municipal Council v Waratah Village Partners Pty Ltd
Mosman Municipal Council v Waratah Village Partners Pty Ltd [2002] NSWLEC 184 (21 October 2002).
Mosman Municipal Council v Denning & 2 (Ors)
Mosman Municipal Council v Denning & 2 (Ors) [2002] NSWLEC 227 (4 October 2002).
Ipp Report
ON 30 SEPTEMBER 2002, Justice David Ipp issued his Review of the Law of Negligence final report.
Click to access ipp_report.pdf
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U v U [2002] HCA 36
ON 5 SEPTEMBER 2005, the High Court of Australia delivered U v U [2002] HCA 36; 211 CLR 238; 191 ALR 289; 76 ALJR 1416 (5 September 2002).
http://www.austlii.edu.au/au/cases/cth/high_ct/2002/36.html
An Indian mother and residential parent of a 9 year old girl applied to relocate to Mumbai where she had good employment prospects and family.
The Family Court rejected the application and appeals were dismissed by the Full Court of the Family Court of Australia and High Court of Australia.
The High Court made the following observations about relocation cases:
- The court, not the parties, defines the issues. The parties do not define the issues because they have failed to agree to a parenting plan. The court is not bound by the polarised options of the parties but instead must decide what is in the child’s best interests.
- There is no onus of the parent seeking relocation to show compelling reasons for relocation.
- Relocation disputes are unlikely to produce perfect solutions because of the wide range of predictions and discretion to make findings.
- It should be assumed that the non-resident parent ought not relocate to be nearer the relocating resident and child; and it should not be assumed that the residential parent should not subordinate her wish to relocate to the wish of the non-resident parent to remain in the place of his or her choosing.
- It is self-evident that, except in cases of abusive relationships, it is in the child’s best interests to develop good relationships with both parents.
Sydney, Australia
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Tame v New South Wales [2002] HCA 35
ON 5 SEPTEMBER 2002, the High Court of Australia delivered Tame v New South Wales [2002] HCA 35; 211 CLR 317; 191 ALR 449; 76 ALJR 1348 (5 September 2002).
In a claim for damages for psychiatric injury caused by negligence, direct perception of the event or its aftermath is not a necessary aspect in all cases.
The question is whether it was reasonable to require the defendant to contemplate the risk of psychiatric injury to the plaintiff, and to take reasonable care to guard against the risk.
Sydney, Australia
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