Muller v Mosman Municipal Council [2005] NSWLEC 482 (7 September 2005).
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30A Kardinia Road, Clifton Gardens NSW 2088
Muller v Mosman Municipal Council [2005] NSWLEC 482 (7 September 2005).
http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2005/482.html
1300 00 2088
APLA Limited v Legal Services Commissioner (NSW) [2005] HCA 44
ON 1 SEPTEMBER 2005, the High Court of Australia delivered APLA Limited v Legal Services Commissioner (NSW) [2005] HCA 44; 224 CLR 322; 79 ALJR 1620; 219 ALR 403 (1 September 2005).
The plaintiffs brought proceedings challenging the constitutional validity of regulations made under Part 14 of the Legal Profession Act 1987 (NSW) banning lawyers from advertising their services for personal injury claims.
Clause 139 provided:
“(1) A barrister or solicitor must not publish or cause or permit to be published an advertisement that includes any reference to or depiction of any of the following:
(a) personal injury,
(b) any circumstance in which personal injury might occur, or any activity, event or circumstance that suggests or could suggest the possibility of personal injury, or any connection to or association with personal injury or a cause of personal injury,
(c) a personal injury legal service (that is, any legal service that relates to recovery of money, or any entitlement to recover money, in respect of personal injury).
Maximum penalty: 10 penalty units.
(2) A contravention of this clause by a barrister or solicitor is declared to be professional misconduct.”
The plaintiffs argued that the regulations infringe various provisions of the Constitution including the guarantee of freedom of communication on political matters, free trade and the rule of law.
The High Court ruled that the regulations are constitutionally valid.
1300 00 2088
Civil Procedure Act 2005 (NSW)
ON 15 AUGUST 2005, the substantive provisions of the NSW Civil Procedure Act 2005 commenced.
http://www.austlii.edu.au/au/legis/nsw/consol_act/cpa2005167/
Sydney, Australia
1300 00 2088
Attorney General of New South Wales v World Best Holdings Limited & Ors [2005] NSWCA 261
Attorney General of New South Wales v World Best Holdings Limited & Ors [2005] NSWCA 261 (11 August 2005).
http://www.austlii.edu.au/au/cases/nsw/NSWCA/2005/261.html
1300 00 2088
Fingleton v R [2005] HCA 34
ON 23 JUNE 2005, the High Court of Australia delivered Fingleton v R [2005] HCA 34; (2005) 216 ALR 474; (2005) 79 ALJR 1250; (2005) 153 A Crim R 503 (23 June 2005).
http://www.austlii.edu.au/au/cases/cth/HCA/2005/34.html
The Queensland Chief Magistrate’s conviction for unlawful retaliation against a witness was quashed on the basis that he Magistrates Act made her immune from prosecution.
Sydney, Australia
1300 00 2088
Boyd v Bert Bell/pete Rozelle Nfl Players Retirement Plan [2005] USCA9 326
Boyd v Bert Bell/pete Rozelle Nfl Players Retirement Plan [2005] USCA9 326; 410 F.3d 1173 (13 June 2005).
http://www.worldlii.org/us/cases/federal/USCA9/2005/326.html
1300 00 2088
2005 | Gordon v Balgowlah Hardware & Electrical P/L (General)
Gordon v Balgowlah Hardware & Electrical P/L (General) [2005] NSWCTTT 402 (3 June 2005).
http://www.austlii.edu.au/au/cases/nsw/NSWCTTT/2005/402.html
Conomos v Mosman Municipal Council (3)
Conomos v Mosman Municipal Council (3) [2005] NSWLEC 274 (27 May 2005).
Allianz Aust v GSF Aust [2005] HCA 26
ON 19 MAY 2005, the High Court of Australia delivered Allianz Aust v GSF Aust [2005] HCA 26; 221 CLR 568; 215 ALR 385; 79 ALJR 1079 (19 May 2005).
The High Court held that a worker who injured his back whilst directed by his employer to use crowbars to unload transport containers from a truck following a mechanical breakdown did not receive an “injury” within the meaning of the Motor Accidents Compensation Act 1999 as the mechanism was not defective. The injury was received through an unsafe system of work rather than the “use or operation of a motor vehicle”.
Sydney, Australia
1300 00 2088
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