ON 20 JANUARY 1998, the High Court of Australia delivered R v Swaffield [1998] HCA 1; 192 CLR 159; 151 ALR 98; 72 ALJR 339 (20 January 1998).
http://www.austlii.edu.au/au/cases/cth/HCA/1998/1.html
Sydney, Australia
1300 00 2088
Tag Archives: LOWER NORTH SHORE
Protection of the Environment Operations Act 1997 (NSW)
ON 19 DECEMBER 1997, the NSW Parliament enacted the Protection of the Environment Operations Act 1997.
The Act, which commenced on 1 July 1999, repealed and consolidated a number of the state’s environmental laws including:
- Clean Air Act 1961
- Clean Waters Act 1970
- Environmental Offences and Penalties Act 1989
- Noise Control Act 1975
- Pollution Control Act 1970
http://www.austlii.edu.au/au/legis/nsw/consol_act/poteoa1997455
Sydney, Australia
1300 00 2088
Avon Products Pty Ltd (Brookvale) Clerical Employees Consent Award [1997] NSWIRComm 122
Avon Products Pty Ltd (Brookvale) Clerical Employees Consent Award [1997] NSWIRComm 122 (29 September 1997).
http://www.austlii.edu.au/au/cases/nsw/NSWIRComm/1997/122.html
1300 00 2088
McIlhenny Co v Blue Yonder Holdings Pty Ltd formerly trading as Tabasco Design & Anor [1997] FCA 962
ON 18 SEPTEMBER 1997, the Federal Court of Australia delivered McIlhenny Co v Blue Yonder Holdings Pty Ltd formerly trading as Tabasco Design & Anor [1997] FCA 962 (18 September 1997).
It is possible for a trademark to refer to another well known trademark, as long as the goods or services are not likely to appear to be connected and there is no likelihood of deception or confusion.
1300 00 2088
Sim v Powell [1997] NSWSC 393
Sim v Powell [1997] NSWSC 393 (10 September 1997).
http://www.austlii.edu.au/au/cases/nsw/NSWSC/1997/393.html
Sydney, Australia
1300 00 2088
Northern Sandblasting Pty Ltd v Harris [1997] HCA 39
ON 14 AUGUST 1997, the High Court of Australia delivered Northern Sandblasting Pty Ltd v Harris [1997] HCA 39; (1997) 188 CLR 313; (1997) 146 ALR 572; (1997) 71 ALJR 1428 (14 August 1997).
http://www.austlii.edu.au/au/cases/cth/HCA/1997/39.html
A landlord has a duty to its tenants to use reasonable care and skill to provide safe premises. The obligation is limited to repair of defects which the landlord was or should have been aware. The landlord must reasonably respond to any information it receives as to the existence of any defect.
The court held that the rule in the English decision of Cavalier v Pope Cavalier v Pope [1906] AC 428 (a landlord is immune from liability in tort for defective premises causing injury) should no longer be followed in Australian law as it is inconsistent with the principles concerning of duty of care developed since Donoghue v Stevenson.
Sydney, Australia
1300 00 2088
Postiglione v R [1997] HCA 26
ON 24 JULY 1997, the High Court of Australia delivered Postiglione v R [1997] HCA 26; (1997) 189 CLR 295; (1997) 145 ALR 408; (1997) 71 ALJR 875 (24 July 1997).
http://www.austlii.edu.au/au/cases/cth/HCA/1997/26.html
The decision is an exposition of the principle of due proportionality set out in the earlier decision of the court in Lowe v R [1984] HCA 46; (1984) 154 CLR 606 (2 August 1984).
Different sentences may be imposed upon like offenders to reflect different degrees of culpability or different circumstances of the offenders.
At 302, Dawson and Gaudron JJ said:
“Discrepancy or disparity is not simply a question of the imposition of different sentences for the same offence. Rather, it is a question of due proportion between those sentences, that being a matter to be determined having regard to the different circumstances of the co-offenders in question and their different degrees of criminality.”
1300 00 2088
Lange v Australian Broadcasting Corporation (“Political Free Speech case”) [1997] HCA 25
ON 8 JULY 1997, the High Court of Australia delivered Lange v Australian Broadcasting Corporation (“Political Free Speech case”) [1997] HCA 25; (1997) 189 CLR 520; (1997) 145 ALR 96; (1997) 71 ALJR 818 (8 July 1997).
http://www.austlii.edu.au/au/cases/cth/HCA/1997/25.html
The court re-examined it’s earlier decisions of Stephens v West Australian Newspapers Ltd [1994] HCA 45; (1994) 182 CLR 211; (1994) 124 ALR 80 (1994) Aust Torts Reports 81-298 (12 October 1994) http://www.austlii.edu.au/au/cases/cth/HCA/1994/45.html and Theophanous v Herald & Weekly Times Ltd [1994] HCA 46; (1994) 182 CLR 104; (1994) 124 ALR 1 (1994) Aust Torts Reports 81-297 (12 October 1994) http://www.austlii.edu.au/au/cases/cth/HCA/1994/46.html.
Implied from the text and structure of the Constitution is a freedom of communication between the public concerning government or political matters. The freedom restricts legislative and executive powers but does not confer individual rights and freedoms. Accordingly, there is no constitutional freedom of communication defence to a defamation action as had been previously held in Stephens and Theophanous. However, the common law provides a defence of qualified privilege to defamation actions involving government or political matters provided that the comment is reasonable and not malicious.
1300 00 2088
Re Graeme John Harris; Ex Parte: Alphega Frenchs Forest Pty Ltd & Official Trustee in Bankruptcy [1997] FCA 628
Re Graeme John Harris; Ex Parte: Alphega Frenchs Forest Pty Ltd & Official Trustee in Bankruptcy [1997] FCA 628 (6 June 1997).
http://www.austlii.edu.au/au/cases/cth/FCA/1997/628.html
1300 00 2088
Bringing them Home: Stolen Children Report
ON 26 MAY 1997, the Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families (the Bringing them Home or Stolen Children report) was tabled in the Australian Parliament.
https://www.humanrights.gov.au/publications/bringing-them-home-stolen-children-report-1997
Sydney, Australia
1300 00 2088
Legal Helpdesk Lawyers 