ON 19 SEPTEMBER 1994, the United States Court of Appeals for the Ninth Circuit delivered Apple Computer Inc v Microsoft Corporation, 35 F.3d 1435 (9th Cir 1994).
It was held that Microsoft’s Windows and Hewlett Packard’s New Wave graphic user interfaces (GUI) did not violate Apple’s copyright to the Apple Macintosh GUI.
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ON 14 SEPTEMBER 1994, the High Court of Australia delivered Singer v Berghouse [1994] HCA 40; (1994) 181 CLR 201; (1994) 123 ALR 481; (1994) 68 ALJR 653 (14 September 1994).
The High Court ruled that the determination of family provision disputes involves a two stage process: per Mason CJ, Deane and McHugh JJ (at [18]).
The first stage requires an assessment as to whether the provision for maintenance under the deceased’s will was appropriate having regard to mattes including “the applicant’s financial position, the size and nature of the deceased’s estate, the totality of the relationship between the applicant and the deceased, and the relationship between the deceased and other persons who have legitimate claims upon his or her bounty”. The question for consideration is whether or not the applicant has been left without adequate provision for proper maintenance as well as education and advancement in life?
If it is found that the applicant has been left without adequate provision for proper maintenance, the second stage requires an assessment of what is a proper level of maintenance and adequate provision to make an order in favour of the applicant. The court must be “mindful” that in some circumstances “a court could refuse to make an order notwithstanding that the applicant is found to have been left without adequate provision for proper maintenance”, such as where there are no assets and making an order would affect the testator’s arrangements with creditors.
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Alec Finlayson Pty Limited v Armidale City Council and Basia Holdings Pty Limited [1994] FCA 1198; (1994) 123 ALR 155 (1994) 51 FCR 378, (13 July 1994).
http://www.austlii.edu.au/au/cases/cth/FCA/1994/1198.html
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ZP v PS [1994] HCA 29; (1994) 181 CLR 639; (1994) 122 ALR 1; (1994) 68 ALJR 554 (29 June 1994).
http://www.austlii.edu.au/au/cases/cth/high_ct/181clr639.html
Sydney, Australia
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Velauther Selvadurai v the Minister of Immigration and Ethnic Affairs and J Good (Member of the Refugee Review Tribunal) [1994] FCA 1105 (20 May 1994).
http://www.austlii.edu.au/au/cases/cth/FCA/1994/1105.html
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ON THIS DAY in 1994, South Africa’s Parliament elected Nelson Mandela as President, bringing to a close the apartheid era.
Trade Practices Commission v Pacific Dunlop Ltd [1994] FCA 1043 (22 April 1994).
http://www.austlii.edu.au/au/cases/cth/FCA/1994/1043.html
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ON THIS DAY in 1994, the High Court of Australia delivered Coco v R [1994] HCA 15; (1994) 179 CLR 427; (1994) 120 ALR 415; (1994) Aust Torts Reports 81-270; (1994) 68 ALJR 401; (1994) 72 A Crim R 32 (13 April 1994).
The court restated the principle that it is presumed that parliament does not intend to limit fundamental rights, freedoms or immunities unless it does so in clear terms.
Per Mason CJ, Brennan, Gaudron and McHugh JJ:
“The courts should not impute to the legislature an intention to
interfere with fundamental rights. Such an intention must be clearly
manifested by unmistakable and unambiguous language.”
http://www.austlii.edu.au/au/cases/cth/HCA/1994/15.html
ON 13 APRIL 1994, the High Court of Australia delivered Cachia v Hanes [1994] HCA 14; (1994) 179 CLR 403; (1994) 120 ALR 385; (1994) 68 ALJR 374 (13 April 1994).
Costs recoverable from an unsuccessful party do not include time spent by a successful litigant who is not a lawyer.
Costs are recoverable under the indemnity principle: for money paid and liabilities incurred for professional legal services. No such costs are incurred when a non-lawyer represents themselves.
http://www.austlii.edu.au/au/cases/cth/HCA/1994/14.html
Sydney, Australia
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BRENTWOOD PROPERTIES PTY LIMITED v. MOSMAN COUNCIL [1994] NSWLEC 41 (30 March 1994).
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