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
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Brookfield Multiplex Ltd v Owners Corporation Strata Plan 61288 [2014] HCA 36
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
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Tajjour v State of New South Wales [2014] HCA 35
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
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News Limited v Australian Rugby Football League Ltd [1996] FCA 870 | 4 October 1996
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
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Information about internships
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
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Trade Practices Act turns 40
The ACCC has released a commemorative magazine and video to celebrate 40 years of the Trade Practices Act 1974 (Cth), which commenced on 1 October 1974.
Big firms exceed pro bono targets
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
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Free guide to Corporate Law
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.
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Next week’s High Court judgments
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
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Yorke v Lucas [1985] HCA 65 | 3 October 1985
Yorke v Lucas [1985] HCA 65; (1985) 158 CLR 661 (3 October 1985).
http://www.austlii.edu.au/au/cases/cth/high_ct/158clr661.html
The High Court said that although an intention to mislead or deceive is not a requisite element for a contravention of s52 of the Trade Practices Act 1974, the passing on of false information by a corporation is not misleading or deceptive conduct if it is apparent that the corporation is not the source of the information and it disclaims any belief in its truth or falsity.
To be liable for misleading or deceptive conduct, the individual passing on the information must either be an intentional participant, or if not, a participant with knowledge of the essential facts constituting the contravention of s52 (even if he or she does not know that those matters amount to a contravention).
Sydney, Australia
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