ON THIS DAY in 1946, the NSW Parliament enacted the Law Reform (Miscellaneous Provisions) Act 1946.
http://www.austlii.edu.au/au/legis/nsw/consol_act/lrpa1946404
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Tag Archives: LOWER NORTH SHORE
Nuremberg Trials
ON 20 NOVEMBER 1945, the Nuremberg Trials began.
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Storie v Storie [1945] HCA 56
Storie v Storie [1945] HCA 56; (1945) 80 CLR 597 (27 July 1945).
http://www.austlii.edu.au/au/cases/cth/HCA/1945/56.html
Sydney, Australia
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Law Reform (Miscellaneous Provisions) Act 1944 (NSW)
ON 8 DECEMBER 1944, the NSW Parliament enacted the Law Reform (Miscellaneous Provisions) Act 1944.
http://www.austlii.edu.au/au/legis/nsw/consol_act/lrpa1944404
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Federal Commissioner of Taxation v J Walter Thompson (Australia) Pty Ltd [1944] HCA 23
Federal Commissioner of Taxation v J Walter Thompson (Australia) Pty Ltd [1944] HCA 23; (1944) 69 CLR 227 (5 September 1944).
http://www.austlii.edu.au/au/cases/cth/high_ct/69clr227.html
The distinction between employer and contractor is “in the case of a servant the employee has power, not only to direct what work the servant is to do, but also to direct the manner in which the work is done” per Latham J at 231.
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Fairweather v Fairweather [1944] HCA 11
ON 11 MAY 1944, the High Court of Australia delivered Fairweather v Fairweather [1944] HCA 11; (1944) 69 CLR 121 (11 May 1944)
http://www.austlii.edu.au/au/cases/cth/high_ct/69clr121.html
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Attorney-General v Trustees of the National Art Gallery of NSW (1945) 62 WN (NSW) 212
ON 8 NOVEMBER 1943, Justice Roper of the Supreme Court of NSW in Attorney-General v Trustees of the National Art Gallery of NSW (1945) 62 WN (NSW), 212, dismissed a challenge to William Dobell receiving the Archibald Prize for his portrait of fellow artist Joshua Smith.
http://www.hcourt.gov.au/assets/publications/speeches/former-justices/kirbyj/kirbyj_28mar06.pdf
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White v Australian and New Zealand Theatres Limited [1943] HCA 6
White v Australian and New Zealand Theatres Limited [1943] HCA 6; (1943) 67 CLR 266 (29 April 1943).
http://www.austlii.edu.au/au/cases/cth/high_ct/67clr266.html
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Bourhill v Young [1942] UKHL 5
ON 5 AUGUST 1942, the House of Lords delivered Bourhill v Young [1942] UKHL 5 (5 August 1942).
http://www.bailii.org/uk/cases/UKHL/1942/5.html
A car and motorcycle collided near a tram causing fatal injuries to the motorcyclist. The motorcyclist was travelling at excessive speed and was at fault. A passenger on the tram heard the sound of the collision but saw nothing. She was startled by the noise of the collision, suffering nervous shock, though she was not in immediate physical injury herself. She observed blood on the roadway after the motorcyclists body had been removed. She later suffered a miscarriage. She claimed damages including losses to her business arising from the nervous shock.
The House of Lords held that the motorcyclist was not guilty of negligence as he did not owe a duty of care to the tram passenger as he could not have reasonably foreseen the likelihood that anyone placed as her (in a position of apparent safety) could have been affected in such a manner.
Sydney, Australia
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South Australia v Commonwealth (“First Uniform Tax case”) [1942] HCA 14
ON 23 JULY 1942, the High Court of Australia delivered South Australia v Commonwealth (“First Uniform Tax case”) [1942] HCA 14; (1942) 65 CLR 373 (23 July 1942).
http://www.austlii.edu.au/au/cases/cth/HCA/1942/14.html
The Commonwealth passed four Acts
- Income Tax Act 1942, which imposed income tax as high as 90 percent, leaving no room for additional state income tax.
- States Grants Act 1942, allowing grants to states who did not impose income tax.
- Section 221 of the Income Tax Assessment Act 1942, requiring Commonwealth taxes to be paid before state taxes.
- the Income Tax (Wartime Arrangements) Act 1942, requiring the states to transfer to the Commonwealth all tax collection officers, offices, equipment and records.
The effect of the four acts was to put an end to the end of state income taxes.
The Act was challenged in the High Court by South Australia, Victoria, Queensland and Western Australia. The Court dismissed the actions, holding that the four pieces of legislation were valid.
The solicitor for the Commonwealth was Fred Whitlam, the father of the Honourable Edward Gough Whitlam AC QC, Prime Minister of Australia from 1972 to 1975.
Sydney, Australia
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