Tag Archives: LOWER NORTH SHORE

Duty of Care, Insurance Law, LAW FIRM, Legislation, Negligence, Personal Injury

March v Stramare (E & M H) Pty Ltd [1991] HCA 12

ON 24 APRIL 1991, the High Court of Australia delivered March v Stramare (E & MH) Pty Ltd [1991] HCA 12; (1991) 171 CLR 506; (1991) 9 BCL 215 (24 April 1991).

Negligence – Causation – Duty of care – Injury reasonably foreseeable – Successive negligent acts by different persons – Whether first negligent actor exonerated by intervening negligent act – Apportionment of liability – Wrongs Act 1936 (S.A.), s. 27a(3).

The “but for” test was considered to be not a definitive test of causation in negligence.  Causation is a question of fact to be determined with reference to common sense and experience.

http://www.austlii.edu.au/au/cases/cth/HCA/1991/12.html

The “but for” test has since been revived by the operation of the Civil Liability Acts: see for instance Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Bou Najem [2009] HCA 48 (10 November 2009).

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Constitutional law, Family Law, LAW FIRM

Harris v Caladine [1991] HCA 9

ON 17 APRIL 1991, the High Court of Australia delivered Harris v Caladine [1991] HCA 9; (1991) 172 CLR 84 (17 April 1991).

Parts of the Family Law Act 1975 (Cth) allowing Judges of the court to make rules delegating judicial powers to registrars and non-judical officers were held to be valid and not in breach of the doctrine of separation of powers found in s71 and Chapters II and III of the Australian Constitution.

Family Court Judges may make rules and delegate their powers as long as they continue to bear the major responsibility for the exercise of judicial power.  The delegation must not be inconsistent with the obligation of a court to act judicially and that the decisions must be subject to review or appeal by a Judge.

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Consumer Law, LAW FIRM, Trade Practices

Re Siddons Pty Ltd v the Stanley Works Pty Ltd [1991] FCA 116

Re Siddons Pty Ltd v the Stanley Works Pty Ltd [1991] FCA 116; (1991) 13 Atpr 41-111/99 ALR 497/20 IPR 1; 29 FCR 14 (5 April 1991).

http://www.austlii.edu.au/au/cases/cth/FCA/1991/116.html

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Criminal Law, Criminal Procedure, Evidence, Landmark cases, LAW FIRM

McKinney v R [1991] HCA 6

ON 22 MARCH 1991, the High Court of Australia delivered McKinney v R [1991] HCA 6; (1991) 171 CLR 468 (22 March 1991).

http://www.austlii.edu.au/au/cases/cth/HCA/1991/6.html

A trial judge must warn a jury of the dangers of convicting the accused on the basis of their alleged admissions whilst in custody.

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Human Rights, International Law, LAW FIRM, Uncategorized

1991 | UN Convention on the Rights of the Child

ON THIS DAY in 1991, Australia ratified the UN Convention on the Rights of the Child.

LAW FIRM, Planning Law

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KEITH MAR & WENDY MAR v. MOSMAN MUNICIPAL COUNCIL [1991] NSWLEC 1 (1 January 1991).

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/1991/1.html

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LAW FIRM, Planning Law

KEITH MAR & WENDY MAR v. MOSMAN MUNICIPAL COUNCIL [1991] NSWLEC 1

KEITH MAR & WENDY MAR v. MOSMAN MUNICIPAL COUNCIL [1991] NSWLEC 1 (1 January 1991).

http://www.austlii.edu.au/au/cases/nsw/NSWLEC/1991/1.html

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Criminal Law, Criminal Procedure, Evidence, LAW FIRM

Shepherd v R [1990] HCA 56

ON 19 DECEMBER 1990, the High Court of Australia delivered Shepherd v R [1990] HCA 56; (1990) 170 CLR 573 (19 December 1990).

http://www.austlii.edu.au/au/cases/cth/high_ct/170clr573.html

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Employment Law, LAW FIRM

Technical and Further Education Commission Act 1990 (NSW)

Technical and Further Education Commission Act 1990 (NSW).

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Civil procedure, Courts and Tribunals, LAW FIRM, Practice and Procedure

Voth v Manildra Flour Mills Pty Ltd [1990] HCA 55

ON 13 DECEMBER 1990, the High Court of Australia delivered Voth v Manildra Flour Mills Pty Ltd [1990] HCA 55; (1990) 171 CLR 538 (13 December 1990).

http://www.austlii.edu.au/au/cases/cth/HCA/1990/55.html

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Sydney, Australia

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