Tag Archives: LOWER NORTH SHORE

Dividing Fences Act 1991 (NSW)

ON THIS DAY in 1991, the NSW Dividing Fences Act 1991 commenced.

http://www.austlii.edu.au/au/legis/nsw/consol_act/dfa1991137

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Re Trade Practices Commission v Penfolds Wines Pty Ltd; James Llewellyn Williams and George Keys [1991] FCA 631

Re Trade Practices Commission v Penfolds Wines Pty Ltd; James Llewellyn Williams and George Keys [1991] FCA 631; (1992) 14 Atpr 41-163 (1991) 104 ALR 601 (13 December 1991).

http://www.austlii.edu.au/au/cases/cth/FCA/1991/631.html

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Re Singapore Airlines Limited v Taprobane Tours WA Pty Ltd [1991] FCA 621

Re Singapore Airlines Limited v Taprobane Tours WA Pty Ltd [1991] FCA 621; (1992) 14 Atpr 41-159 (1991) 104 ALR 633 (1991) 106 ALR 115 (1991) 33 FCR 158 (12 December 1991).

http://www.austlii.edu.au/au/cases/cth/FCA/1991/621.html

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R v L [1991] HCA 48

R v L [1991] HCA 48; (1991) 174 CLR 379 (3 December 1991).

http://www.austlii.edu.au/au/cases/cth/HCA/1991/48.html

The notion that marriage gives rise to an irrevocable consent to sexual intercourse between the parties is out of keeping with the view that society takes of marriage as well as recent changes in the criminal law.

“…if it was ever the common law that by marriage a wife gave irrevocable consent to sexual intercourse by her husband, it is no longer the common law.” (at 390)

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Ettingshausen v Australian Consolidated Press Limited [1991] 23 NSWLR 443

ON 17 NOVEMBER 1991, the NSW Supreme Court delivered Ettingshausen v Australian Consolidated Press Limited [1991] 23 NSWLR 443.

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Re Phillip Adamson and Others v New South Wales Rugby League Limited and Others [1991] FCA 425

Re Phillip Adamson and Others v New South Wales Rugby League Limited and Others [1991] FCA 425; (1991) 13 Atpr 41-141; 103 ALR 319 (1991) 31 FCR 242 (1991) 38 IR 427 (6 September 1991).

http://www.austlii.edu.au/au/cases/cth/FCA/1991/425.html

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Polyukhovich v Commonwealth (“War Crimes Act case”) [1991] HCA 32

ON 14 AUGUST 1991, the High Court of Australia delivered Polyukhovich v Commonwealth (“War Crimes Act case”) [1991] HCA 32; (1991) 172 CLR 501 (14 August 1991).

http://www.austlii.edu.au/au/cases/cth/HCA/1991/32.html

Polyukhovich brought proceedings against the Commonwealth seeking declarations that the War Crimes Amendment Act 1988 (Cth) and certain provisions of the War Crimes Act 1945 (Cth) were constitutionally invalid on the grounds that the legislation (1) exceeded the Commonwealth’s defence (s51(vi)) and external affairs powers (s51(xxix)); and (2) invalidly usurped the Commonwealth’s judicial power, infringing Chapter III.

The High Court held that the legislation was valid.

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Social Security Act 1991 (Cth)

ON 1 JULY 1991, the Commonwealth Social Security Act 1991 commenced.

http://www.austlii.edu.au/au/legis/cth/consol_act/ssa1991186/

 

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1991 | Spent convictions

ON THIS DAY in 1991, the NSW Criminal Records Act 1991 commenced.

The Act implemented a scheme to limit the effect of a person’s previous conviction for a relatively minor offence if the person completes a period of crime-free behaviour. On the completion of the period, the conviction is regarded to be spent and, subject to some exceptions, not to form part of the person’s criminal history.

http://www.austlii.edu.au/au/legis/nsw/consol_act/cra1991167/

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Peter O’Grady
BA, LLB, Grad Cert Leg Prac, Acc Spec Lawyer

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Gala v Preston [1991] HCA 18

ON 28 MAY 1991, the High Court of Australia delivered Gala v Preston [1991] HCA 18; (1991) 172 CLR 243 (28 May 1991).

A passenger injured whilst travelling in a car that was used for an unlawful purpose was not entitled to damages for injuries he received when the driver lost control of the vehicle and collided with a tree. The court held that a duty not was owed because there was no relationship of proximity between the parties and in the circumstances the they could not have had “any reasonable basis for expecting that a driver of the vehicle would drive it according to ordinary standards of competence and care”.

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