Donohoe v Manly Council [2014] NSWLEC 1197

ON 24 SEPTEMBER 2014, the NSW Land and Environment Court delivered Donohoe v Manly Council [2014] NSWLEC 1197.

The court held that the development consent pertaining to 46 White Street, Balgowlah, may be modified subject to certain directions made by the court.

Lawyers

Sydney, Australia

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Elderly widow awarded costs in pro bono litigation

In the matter of Mainieri & Anor v Cirillo [2014] VSCA 227 (17 September 2014), the Victorian Court of Appeal awarded costs to the successful plaintiff who was represented on a pro bono basis.

Rita Cirillo sold her property and contributed the proceeds towards her son and daughter-in-law’s mortgage on the condition that she live with them indefinitely and that they take care of her. Her relationship with her son and daughter-in-law later broke down and it was not longer practical for her to remain living with them. When she sought repayment, her son and daughter-in-law alleged that the monies were an out and out gift.

The Court of Appeal held that Cirillo was entitled to an equitable lien or charge over the property to secure repayment with interest.

On the question of costs, there was a dispute over whether or not the Cirillo was entitled to costs as she was represented on a pro bono basis. The court held that the costs payable to her lawyers, Clayton Utz and Dr Glover, were payable under costs agreements that were contingent upon a costs order being made.

Lawyers

Sydney, Australia

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Neal v R | High Court of Australia | 24 September 1982

ON 24 SEPTEMBER 1982, the High Court of Australia delivered Neal v R [1982] HCA 55; (1982) 149 CLR 305 (24 September 1982).

http://www.austlii.edu.au/au/cases/cth/HCA/1982/55.html

The ethnic or other background of an offender may be a material fact to be taken into account in sentencing.

Dame Roma Mitchell QC | 23 September 1965

ON 23 SEPTEMBER 1965, Dame Roma Mitchell QC was appointed to the Supreme Court of South Australia. She was the first female superior court justice in Australia.

http://www.australianbiography.gov.au/subjects/mitchell/

 

Bank of Queensland settles with ASIC for $19.7M

The Bank of Queensland has agreed to pay ASIC $19.7 million inclusive of costs to compensate Bank of Queensland customers who borrowed from the bank to invest with Storm Financial Limited.

For further information visit http://www.asic.gov.au

Lawyers

Sydney, Australia

1300 00 2088

Low Cost Mediation for Small Business

The Office of the NSW Commissioner for Small Business provides low cost mediation services which reportedly resolves 90% of disputes. They deal with disputes such as fair trading, retail lease, contract and payment and franchising.

For more information visit http://www.smallbusiness.nsw.gov.au/dispute-resolution

Lawyers

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Pro Bono Scheme

The Law Society of NSW Pro Bono Scheme puts eligible applicants in touch with law firms willing to provide their services free of charge or at a reduced fee.

Eligible applicants must have been refused Legal Ai and satisfy the means assessment. The matter must be of a specified type and have merit and/or reasonable prospects of success.

The following types of matters are covered by the scheme:

  • Administrative law
  • Assistance with Apprehended Violence Orders
  • Bankruptcy
  • Child care and protection
  • Civil claims
  • Criminal law
  • Divorce
  • Employment law
  • Family law matters related to children (eg. live with, spend time with disputes)
  • Immigration assistance for refugees
  • Legal assistance for not-for-profit organisations and charities
    Wills and Estates

For more information, visit https://www.lawsociety.com.au/community/findingalawyer/probono/index.htm

Lawyers

Sydney, Australia

1300 00 2088

Free mediation services

Community Justice Centres offer free mediation to help individuals resolve disputes. For more information visit http://www.cjc.nsw.gov.au/cjc/com_justice_index.html

Lawyers

1300 00 2088

Legal Assistance Referral Scheme

The NSW Bar Association offers a Legal Assistance Referral Scheme to eligible applicants. For more information visit http://www.nswbar.asn.au/briefing-barristers/legal-assistance/lars-guidelines

Lawyers

Sydney, Australia

1300 00 2088

New iPhone app for free legal information

Legal Aid NSW had developed a new iPhone app.

Legal Aid says that the app will allow its users to access a range of useful information including:

  • The nearest Legal Aid service.
  • Videos about the law.
  • Workshops bookings.
  • Factsheets and other resources.
  • Legal aid grants.

For more information, visit www.legalaid.nsw.gov.au.

Lawyers

Sydney, Australia

1300 00 2088

Mosman Solicitor & Notary