Constitutional law, LAW FIRM

Australian Communist Party v Commonwealth (“Communist Party case”) [1951] HCA 5

ON 9 MARCH 1951, the High Court of Australia delivered Australian Communist Party v Commonwealth (“Communist Party case”) [1951] HCA 5; (1951) 83 CLR 1 (9 March 1951).

http://www.austlii.edu.au/au/cases/cth/HCA/1951/5.html

The Commonwealth Parliament enacted the Communist Party Dissolution Act 1950 (Cth) to dissolve the Australian Communist Party of Australia and also empower the Government to dissolve other associations. The High Court held that the legislation was invalid because it was beyond the power of the Commonwealth Parliament under the Constitution and the rule of law.

Lawyers

Sydney, Australia

1300 00 2088

LAW FIRM, Succession

Tatham v Huxtable [1950] HCA 56

ON 11 DECEMBER 1950, the High Court of Australia delivered Tatham v Huxtable [1950] HCA 56; (1950) 81 CLR 639 (11 December 1950).

http://www.austlii.edu.au/au/cases/cth/high_ct/81clr639.html

http://www.austlii.edu.au/au/legis/nsw/consol_act/poteoa1997455

Lawyers

Sydney, Australia

1300 00 2088

European Union, Human Rights, LAW FIRM

European Convention on Human Rights

ON 4 NOVEMBER 1950, the European Convention on Human Rights was signed. It came into effect on 3 September 1953.

www.echr.coe.int/Documents/Convention_ENG.pdf

Lawyers

1300 00 2088

Assault, Employer's liability, LAW FIRM, Torts

Deatons Pty Ltd v Flew [1949] HCA 60

ON THIS DAY in 1949, the High Court of Australia delivered Deatons Pty Ltd v Flew [1949] HCA 60; (1949) 79 CLR 370 (12 December 1949).

http://www.austlii.edu.au/au/cases/cth/HCA/1949/60.html

Lawyers

Sydney, Australia

1300 00 2088

Constitutional law, LAW FIRM

1949 | People’s Republic of China

ON 1 OCTOBER 1949, the People’s Republic of China was founded.

http://english.gov.cn/2005-08/05/content_20813.htm

Lawyer
Peter O’Grady
BA, LLB, Grad Cert Leg Prac, Acc Spec Lawyer
Administrative Law, Appeals, LAW FIRM, Remedies

R v Commonwealth Court of Conciliation & Arbitration; Ex parte Ozone Theatres (Aust) Ltd [1949] HCA 33

ON 9 AUGUST 1949, the High Court of Australia delivered R v Commonwealth Court of Conciliation & Arbitration; Ex parte Ozone Theatres (Aust) Ltd [1949] HCA 33; (1949) 78 CLR 389 (9 August 1949).

http://www.austlii.edu.au/au/cases/cth/HCA/1949/33.html

A court has a discretion to withhold the granting of a writ of mandamus:

“For example the writ may not be granted if a more convenient and satisfactory remedy exists, if no useful result could ensue, if the party has been guilty of unwarrantable delay or if there has been bad faith on the part of the applicant, either in the transaction out of which the duty to be enforced arises or towards the court to which the application is made. The court’s discretion is judicial and if the refusal of a definite public duty is established, the writ issues unless circumstances appear making it just that the remedy should be withheld.” (at 400).

Lawyers 1300 00 2088

Administrative Law, Appeals, LAW FIRM

R v Commonwealth Court of Conciliation & Arbitration; Ex parte Ozone Theatres (Aust) Ltd [1949] HCA 33

ON 9 AUGUST 1949, the High Court of Australia delivered R v Commonwealth Court of Conciliation & Arbitration; Ex parte Ozone Theatres (Aust) Ltd [1949] HCA 33; (1949) 78 CLR 389 (9 August 1949).

http://www.austlii.edu.au/au/cases/cth/HCA/1949/33.html

A court has a discretion to withhold the granting of a writ of mandamus:

“For example the writ may not be granted if a more convenient and satisfactory remedy exists, if no useful result could ensue, if the party has been guilty of unwarrantable delay or if there has been bad faith on the part of the applicant, either in the transaction out of which the duty to be enforced arises or towards the court to which the application is made. The court’s discretion is judicial and if the refusal of a definite public duty is established, the writ issues unless circumstances appear making it just that the remedy should be withheld.” (at 400).

Lawyers

Sydney, Australia

1300 00 2088

Constitutional law, LAW FIRM

German Constitution

ON 23 MAY 1949, the Basic Law for the Federal Republic of Germany was passed into law.  It has amended in 1990 by the Unification Treaty of 31 August and Federal Statute of 23 September.

http://www.servat.unibe.ch/icl/gm00000_.html

Lawyers 1300 00 2088

Duty of Care, LAW FIRM, Negligence, United Kingdom

Bolton v Stone [1951] UKHL 2

ON 10 MAY 1951, the House of Lords delivered Bolton v Stone [1951] AC 850; [1951] 1 All ER 1078; [1951] UKHL 2 (10 May 1951).

http://www.bailii.org/uk/cases/UKHL/1951/2.html

Liability does not extend to damage caused by a certain act or omission unless the possibility of causing the damage was reasonably foreseeable at the time.

The damage is not reasonably foreseeable if the likelihood of it happening involves a risk so small that a reasonable person would feel justified in disregarding it.

Lawyers

1300 00 2088

 

LAW FIRM, Legislation, Migration Law

1949 | Nationality and Citizenship Act

ON THIS DAY in 1949, the Commonwealth Nationality and Citizenship Act 1948 came into force. The Act has since been repealed by the Citizenship Act 2007.

http://www.austlii.edu.au/au/legis/cth/num_act/naca1948831948320/

Mosman Solicitor & Notary