Tag Archives: LAW FIRM

Sydney Legal Help

LEGAL HELPDESK LAWYERS is a new generation private legal practice that offers legal guidance to individuals and businesses in Sydney’s Lower North Shore and Northern Beaches.

We provide information, advice and advocacy to those who need – or might need – legal representation in any area of law.

If required, we refer customers to a reliable network of specialist lawyers. We take the guesswork out of finding a good lawyer.

Legal Helpdesk
Legal Helpdesk is at Bridgepoint Mosman near the Level 1 footbridge to Fitness First

Our mission is to promote better local access to good legal help.

Confidentiality and privacy is protected by law.

1300 00 2088

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SYDNEY, AUSTRALIA

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Appointment of Justin Smith to the Federal Circuit Court of Australia

On 27 JANUARY 2015, Mr Justin Smith SC was appointed as a judge of the Federal Court of Australia.

According to the Federal Attorney General:

“Mr Smith graduated from the University of Sydney in 1991 with a Bachelor of Arts and Bachelor of Laws. He was admitted to practice in the Supreme Court of New South Wales in 1992 and was appointed Senior Counsel earlier this year.
Mr Smith’s primary areas of practice are administrative law (including migration, customs and taxation law), commercial and equity law, insolvency, succession and regulatory and disciplinary cases as well as varied appellate work. Mr Smith volunteered at Redfern Legal Centre between 1993 and 1997, where he provided free legal advice and took on pro bono matters both at trial and on appeal.”

Lawyers

Sydney, Australia

1300 00 2088

Appointment of Ian Newbrun to the Federal Circuit Court of Australia

ON 4 FEBRUARY 2015, Ian Newbrun was appointed as a judge of the Federal Court of Australia.

According to the Federal Attorney General:

“Mr Newbrun graduated with a Bachelor of Laws from the University of Sydney in 1979 and a Masters of Laws from the London School of Economics and Political Science in 1981. He was admitted to practice in the Supreme Court of New South Wales in 1982.
Mr Newbrun’s primary areas of practice are common law actions, will disputes, insurance law, contractual and other commercial disputes and administrative law. He is currently the New South Wales Chairperson of the Federal Medicare Participation Review Committee and a Deputy Chairperson of the New South Wales Health Profession Tribunals since 2012. He has been a panel advisor to the New South Wales Refugee Review Tribunal Legal Advice Scheme. Mr Newbrun is a qualified arbitrator hearing referred actions from the NSW Local and District Courts.”

Lawyers

Sydney, Australia

1300 00 2088

Appointment of Salvatore Vasta to the Federal Circuit Court of Australia

On 1 JANUARY 2015, Mr Salvatore Vasta was appointed as a member of the Federal Court of Australia.

According to the Federal Attorney General:

“Mr Vasta graduated from the University of Queensland with a Bachelor of Arts in 1984. He graduated from the Barrister’s Admission Board in 1990 and was admitted to practice in the Supreme Court of Queensland that same year. Mr Vasta was admitted to practice in the High Court of Australia in 2003.
Mr Vasta started his legal career as a legal officer in the Queensland Office of the Director of Public Prosecutions (ODPP) in 1990. During his career, he has been a Queensland Crown Prosecutor, Senior Crown Prosecutor and is the current Principal Crown Prosecutor at the Queensland ODPP.
Mr Vasta is a Member of the Bar Association of Queensland and is the Deputy Chairman of the Queensland Cricket Board. He is the Vice-President of the International Association of Prosecutors and the President of the Crown Prosecutors Association of Queensland.”

Lawyers

Sydney, Australia

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Appointment of Alexander (Sandy) Street SC to the Federal Circuit Court of Australia

On 1 JANUARY 2015, Mr Alexander (Sandy) Street was appointed as a judge of the Federal Court of Australia.

According to the Federal Attorney General:

“Mr Street graduated from the University of Technology, Sydney, in 1982 with a Bachelor of Laws. He was first admitted to practice in the Supreme Court of New South Wales in 1982 and has subsequently been admitted to practice in the Supreme Courts of the Australian Capital Territory, Victoria, Queensland, and Western Australia. Mr Street was appointed Senior Counsel in New South Wales in 1996 and Queen’s Counsel in Western Australia in 1997. He was also admitted to practice in New Zealand in 2001.
With more than 30 years’ experience at the Bar, Mr Street has a broad range of subject matter expertise. His areas of practice have included constitutional law, commercial law, corporations law, banking and administrative law, bankruptcy and insolvency, energy and mining, international arbitration, maritime and admiralty law, competition law, military law, insurance and reinsurance, and appellate matters.
Mr Street joined the Royal Australian Navy Reserves as a Lieutenant in 1987 and has been promoted to the rank of Commander. He served as the Deputy Head of the Sydney Naval Legal Panel for two years.”

Lawyers

Sydney, Australia

1300 00 2088

Appointment of the Hon Justice James Edelman

ON 20 APRIL 2015, the Hon Justice James Edelman will commence his appointment as a judge of the Federal Court of Australia, to replace the Hon Justice Peter Jacobson.

According to the Federal Attorney General:

“Justice Edelman graduated from the University of Western Australia with a Bachelor of Economics in 1995 and a Bachelor of Laws with first class honours in 1996, and from Murdoch University with a Bachelor of Commerce in 1997. He was awarded a Rhodes scholarship in 1998 and obtained a Doctor of Philosophy in Law from the University of Oxford in 2001.
Justice Edelman was admitted to practise in the Supreme Court of Western Australia in 1998. He practiced as a barrister at the Chambers of Mr Malcolm McCusker QC in Perth and at the Chambers of Lord Grabiner QC at the English Bar.
Justice Edelman continues to teach as an Adjunct Professor at the University of Queensland and the University of Western Australia. He is also a Conjoint Professor of Law at the University of New South Wales.”

Lawyers

Sydney, Australia

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Hicks v United States of America CMCR 13-004

ON 18 FEBRUARY 2015, the United States Court of Military Commission Review delivered Hicks v United States of America CMCR 13-004.

http://inbrief.nswbar.asn.au/posts/e371c68ea0afb7756df6834080046337/attachment/hicks.pdf

Lawyers

Sydney, Australia

1300 00 2088

Commissioner of the Australian Federal Police v Zhao [2015] HCA 5

ON 12 FEBRUARY 2015, the High Court of Australia delivered Commissioner of the Australian Federal Police v Zhao [2015] HCA 5 (12 February 2015).

http://www.austlii.edu.au/au/cases/cth/HCA/2015/5.html

The second respondent had been charged with aiding and abetting another to deal with property or money that was the proceeds of crime. The first respondent was the second respondent’s wife and the registered proprietor of certain property that was the subject of the criminal proceedings.

The Australian Federal Police Commissioner brought restraint and forfeiture proceedings against the respondents under the Proceeds of Crime Act 2002 (Cth) in the Victorian Couny Court. The respondents brought proceedings to exclude certain properties from restraint and forfeiture. Subsequently, on an application by the respondents, the Victorian Court of Appeal ordered a stay of the forfeiture and exclusion proceedings until the completion of the criminal proceedings.

The High Court of Australia dismissed an appeal by the Commissioner against the stay. It held that the Court of Appeal was correct to allow the stay because the the interests of justice would not be served by the second respondent being made to defend the forfeiture proceedings or pursue the exclusion proceedings before the completion of the criminal proceedings given that the offences and circumstances are substantially identical and especially when the appellant will suffer no relevant prejudice from the delay.

Lawyers 1300 00 2088

Cassegrain v Gerard Casseagrain & Co Pty Ltd [2015] HCA 2

ON 4 FEBRUARY 2015, the High Court of Australia delivered Cassegrain v Gerard Cassegrain & Co Pty Ltd [2015] HCA 2 (4 February 2015).

http://www.austlii.edu.au/au/cases/cth/HCA/2015/2.html

Felicity Cassegrain and her husband Claude Cassegrain received an interest as joint tenants in land owned by Gerard Cassegrain & Co Pty Ltd. The transfer of the interest was found to be fraudulent on the part of Claude because he nominated the consideration for the transaction to be the debiting of his loan account when he knew that the company did not owe him the money. Gerard subsequently transferred his interest in the land to Felicity for nominal consideration. There was no allegation of Felicity being involved in any fraud.

Proceedings were brought in the NSW Supreme Court to transfer Felicity’s title back to the company because of the fraud. The trial judge concluded that Claude had acted fraudulently and ordered that he pay the company equitable compensation, but dismissed the proceedings against Felicity as there was no fraud by her.

The NSW Court of Appeal allowed the company’s appeal of the NSW Supreme Court decision, concluding that Claude was Felicity’s agent.

The High Court allowed in part Felicity’s appeal of the Court of Appeal decision. The High Court held that Felicity’s title in joint tenancy was not defeated by fraud under s42 of the Real Property Act 1900 (NSW) because Claude acted outside the scope of the authority given to him by her and was therefore not her agent.

The High Court also held that Felicity was not a bona fide purchaser on the transfer of Claude’s interest to her and declared and ordered that the company may recover a half interest in the land as tenant in common by the operation of s118(1)(d)(ii) of the Real Property Act.

Lawyers 1300 00 2088

How to find a good lawyer in Sydney

LEGAL HELPDESK LAWYERS is a new generation private legal practice that offers legal guidance to individuals and businesses in Sydney’s Lower North Shore and Northern Beaches.

We provide information, advice and advocacy to those who need – or might need – legal representation in any area of law.

If required, we refer customers to a reliable network of specialist lawyers. We take the guesswork out of finding a good lawyer.

Legal Helpdesk
Legal Helpdesk is at Bridgepoint Mosman near the Level 1 footbridge to Fitness First

Our mission is to promote better local access to good legal help.

Confidentiality and privacy is protected by law.

1300 00 2088

Lawyers

1300 00 2088

SYDNEY CBD, LOWER NORTH SHORE, NORTHERN BEACHES