ON 16 NOVEMBER 1971, the High Court of Australia delivered Green v R [1971] HCA 55; (1971) 126 CLR 28 (16 November 1971).
http://www.austlii.edu.au/au/cases/cth/high_ct/126clr28.html
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R v Wald
ON 28 OCTOBER 1971, Judge Levine of the NSW District Court delivered R v Wald.
It was ruled that an abortion performed by a medical practitioner is lawful in New South Wales if there is “any economic, social or medical ground or reason” for the practitioner to hold an honest and reasonable belief that a termination at any stage of the pregnancy was required to avoid “serious danger to the pregnant woman’s life or to her physical or mental health”.
Per Levine DCJ at 29:
“In my view it would be for the jury to decide whether there existed in the case of each woman any economic, social or medical ground or reason which in their view could constitute reasonable grounds upon which an accused could honestly and reasonably believe there would result a serious danger to her physical or mental health. It may be that an honest belief be held that the woman’s mental health was in serious danger at the very time she was interviewed by a doctor, or that her mental health, although not then in serious danger, could reasonably be expected to be seriously endangered at some time during the currency of pregnancy, if uninterrupted. In either case such a conscientious belief on reasonable grounds would have to be negatived before an offence under s 83 of the Act could be proved.”
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Seat belts became compulsory in NSW
ON 1 OCTOBER 1971, the wearing of seatbelts became compulsory in New South Wales.
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Motorcycle helmets
ON 1 AUGUST 1971, the wearing of helmets by motorcyclists became compulsory in New South Wales.
Sydney, Australia
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Anglia Television Ltd v Reed [1972] 1 QB 60
ON 29 JULY 1971, the English Court of appeal delivered Anglia Television Ltd v Reed [1972] 1 Q.B. 60.
http://faculty.law.ubc.ca/biukovic/supplements/anglia.htm
The defendant, Robert Reed, was an American actor best known for his role as Mike Brady in the Brady Bunch television series. In 1968 he contracted with the plaintiff, Anglia Television Ltd, to act in a movie to be filmed in Great Britain. Due to a mix-up with his bookings, the defendant repudiated the contract. The plaintiff sought damages for wasted expenditure incurred before and after the formation of the contract. The defendant argued that the plaintiff was only entitled to wasted expenditure after the contract.
The trial judge awarded the defendant damages for the wasted expenditure incurred both before and after the formation of the contract. The Court of Appeal dismissed the defendant’s appeal.
Lord Denning MR held: “If the plaintiff claims the wasted expenditure, he is not limited to the expenditure incurred after the contract was concluded. He can claim also the expenditure incurred before the contract, provided that it was such as would reasonably be in the contemplation of the parties as likely to be wasted if the contract was broken”.
Sydney, Australia
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1971 | Springbok tour State of Emergency
ON THIS DAY in 1971, the Bjelke-Petersen Government declared a month-long State of Emergency under s22 of the Queensland State Transport Act 1938 to control protests against the South African Springbok rugby union tour.
Gove Land Rights Case
ON THIS DAY in 1971, Blackburn J of the Nothern Territory Supreme Court delivered Milirrpum v Nabalco Pty Ltd (1971) 17 FLR 141.
In an attempt to protect their sacred sites, the Yolngu people challenged the validity of leases granted by the Commonwealth to a mining company. The people alleged that they held a common law right of ownership of the land under the doctrine of native title. Under the doctrine, native title is deemed to have existed at the time of settlement and continued after settlement.
The claim was unsuccessful. Blackburn J held that the doctrine of native title did not form part of the law of Australia as there had been peaceful settlement of unoccupied land (the fiction of terra nullius).
The Gove Land rights case was overturned by the Mabo case in 1992.
Voting age reduced to 18 in South Australia | 15 April 1971
ON 15 APRIL 1971, the voting age in South Australia was reduced to 18 by the SA Age of Majority (Reduction) Act 1971.
http://www.austlii.edu.au/au/legis/sa/num_act/aoma197015o1971299
Sydney, Australia
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Ashington Piggeries Ltd v Christopher Hill Ltd [1972] 2 WLR 1051
Ashington Piggeries v Christopher Hill Ltd [1971] 2 WLR 1051; [1972] AC 441 (24 February 1971)
Click to access Ashington%20Piggeries.pdf
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1971 | Limitation Act
ON THIS DAY in 1969, the NSW Limitation Act 1969 commenced.
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