LAW FIRM, Negligence, Nuisance, Personal Injury

Sydney Lawyers

PERSONAL INJURY. ON 19 SEPTEMBER 1979, the High Court of Australia delivered State Government Insurance Commission v Trigwell [1979] HCA 40; (1979) 142 CLR 617 (19 September 1979).

The High Court confirmed the English common law rule of Searle v Wallbank “that the owner or occupier of a property adjoining the highway is under no legal obligation to users of it so to keep and maintain his hedges, fences and gates as to prevent animals from straying on to it, and that he is not under any duty as between himself and users of it to take reasonable care to prevent any of his animals, not known to be dangerous, from straying on to it” (at 631).

Since this decision, State legislatures have passed laws to make farmers liable for the actions of their animals.

Lawyers

Sydney, Australia

1300 00 2088

Appeals, Family Law, LAW FIRM

Taylor v Taylor [1979] HCA 38

ON 22 AUGUST 1979, the High Court of Australia delivered Taylor v Taylor [1979] HCA 38; (1979) 143 CLR 1 (22 August 1979).

http://www.austlii.edu.au/au/cases/cth/HCA/1979/38.html

A husband failed to appear in family law proceedings in the Supreme Court of NSW due to a misunderstanding on the part of his legal representative. In his absence, the court made orders dissolving the marriage and transferring the matrimonial home to the wife. Once the husband became aware of the orders, he made an application to the newly established Family Court seeking variation of the Supreme Court orders to the effect that the matrimonial home be sold and the net proceeds be divided between he and his wife. On the day of the application, the wife’s legal representatives mistakenly attended the Family Law Division of the Supreme Court rather than the Family Court. In the absence of the wife, orders were made by Hogan J of the Family Court in accordance with the relief sought by the husband. The wife then appealed to the Full Court of the Family Court, who allowed the appeal ruling that Hogan J did not possess the statutory power to amend the Supreme Court’s orders.

The High Court allowed an appeal, ordering that the previous orders be set aside and that there be a re-hearing of the matter.

The High Court held that a court has an inherent jurisdiction to set aside orders where it is in the interests of justice to do so.

Lawyers

Sydney, Australia

1300 00 2088

Administrative Law, Elder Law, LAW FIRM

R v Hunt; Ex Parte Sean Investments Pty Ltd [1979] HCA 32

ON 19 JULY 1979, the High Court of Australia delivered R v Hunt; Ex Parte Sean Investments Pty Ltd [1979] HCA 32; (1979) 180 CLR 322; (1979) 25 ALR 497 (19 July 1979).

http://www.austlii.edu.au/au/cases/cth/HCA/1979/32.html

The Commonwealth Minister for Health was required to consider, when conducting a review of a refusal to increase fees, the costs necessarily incurred by the approved nursing home in the provision of its services.

In this case the Minister considered that the nursing home’s increased rent was not a cost necessarily incurred because it was higher than rent normally paid by other nursing homes in the state.

The court held that the Minister failed to properly deal with the application because the rent was necessarily incurred in order to obtain possession of the premises.

The court granted a mandamus directing the Minister to consider the application according to law.

Lawyers 1300 00 2088

Civil procedure, Constitutional law, Human Rights, LAW FIRM

Coe v Commonwealth [1979] HCA 68

ON THIS DAY IN 1979, the High Court of Australia delivered Coe v Commonwealth [1979] HCA 68; (1979) 53 ALJR 403; (1979) 24 ALR 118.  The appellant, Paul Coe, was unsuccessful in his appeal for leave to amend a statement of claim in proceedings seeking declarations and orders on behalf of the aboriginal community that Australia had not been validly occupied under the doctrine of terra nullius.

Gibbs J said: “The question what rights the aboriginal people of this country have, or ought to have, in the lands of Australia is one which has become a matter of heated controversy. If there are serious legal questions to be decided as to the existence or nature of such rights, no doubt the sooner they are decided the better, but the resolution of such questions by the courts will not be assisted by imprecise, emotional or intemperate claims. In this, as in any other litigation, the claimants will be best served if their claims are put before the court dispassionately, lucidly and proper form.”

The legal questions were ultimately decided in the Mabo case in 1992.

http://www.austlii.edu.au/au/cases/cth/HCA/1979/68.html

Lawyers 1300 00 2088

Family Law, Injunctions, LAW FIRM

R v Dovey; Ex parte Ross [1979] HCA 14

R v Dovey; Ex parte Ross [1979] HCA 14; (1979) 141 CLR 526 (3 April 1979).

http://www.austlii.edu.au/au/cases/cth/high_ct/141clr526.html

Lawyers 1300 00 2088

Constitutional law, LAW FIRM

Islamic Republic of Iran

ON THIS DAY in 1979, the Islamic Republic of Iran was proclaimed.

 

Appeals, Evidence, LAW FIRM, Negligence

Warren v Coombes [1978] HCA 9

ON 13 MARCH 1979, the High Court of Australia delivered Warren v Coombes [1979] HCA 9; (1979) 142 CLR 531 (13 March 1979).

http://www.austlii.edu.au/au/cases/cth/HCA/1979/9.html

An appellate court may decide on the proper inference to be drawn from the facts found by a judge sitting alone at trial. Whilst it may give respect and weight to the trial judge’s conclusions, the appellant court must not shrink from giving effect to the conclusion that it reaches.

Lawyers 1300 00 2088

Civil procedure, LAW FIRM, Planning Law, Practice and Procedure

Australian Conservation Foundation v Commonwealth [1979] HCA 1

Australian Conservation Foundation v Commonwealth [1979] HCA 1; (1980) 146 CLR 493 (16 February 1979).

http://www.austlii.edu.au/au/cases/cth/high_ct/146clr493.html

Lawyers 1300 00 2088

Insurance Law, LAW FIRM, Personal Injury

Sporting Injuries Insurance Act 1978 (NSW)

ON THIS DAY in 1978, the NSW Parliament enacted the Sporting Injuries Insurance Act 1978.

http://www.austlii.edu.au/au/legis/nsw/consol_act/siia1978323

Lawyers

Sydney, Australia

1300 00 2088

Criminal Law, LAW FIRM, Legislation

Dugan v Mirror Newspapers Ltd [1978] HCA 54

ON THIS DAY in 1978, the High Court of Australia delivered Dugan v Mirror Newspapers Ltd [1978] HCA 54; (1978) 142 CLR 583 (19 December 1978).

http://www.austlii.edu.au/au/cases/cth/HCA/1978/54.html

The court held that Dugan, who was serving a commuted death sentence, was prevented by the English law of attainder to sue the Daily Telegraph for defamation. Under the law of attainder a capital felon, whilst serving a commuted sentence, cannot maintain an action in New South Wales for a civil wrong until he or she completes the sentence or receives a pardon.

Lawyers

Sydney, Australia

1300 00 2088

Mosman Solicitor & Notary