Mosman Lawyers
Re Eastern Express Pty Limited v General Newspapers Pty Limited; Double Bay Newspapers Pty Limited; Brehmer Fairfax Pty Limited, John B Fairfax; John Hannan; Frank Hannan and Nickelby Pty Limited [1992] FCA 138 (2 April 1992).
http://www.austlii.edu.au/au/cases/cth/FCA/1992/138.html
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ON 12 MARCH 1992, the NSW Court of Appeal delivered Renard Constructions (ME) Pty Ltd v Minister for Public Works (1992) 26 NSWLR 234.
This is one of the earliest instances in which an Australian court was willing to imply a contractual duty of good faith.
Sydney, Australia
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Re Desmond Walter Dowling v Dalgety Australia Limited; Elders Ixl Ltd; Australian Mercantile Land and Finance Company Ltd; Austest Company Ltd and Primac Association Ltd [1992] FCA 35; (1992) 14 Atpr 41-165 (1992) 106 Al (10 February 1992).
http://www.austlii.edu.au/au/cases/cth/FCA/1992/35.html
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ON THIS DAY in 1991, the NSW Dividing Fences Act 1991 commenced.
http://www.austlii.edu.au/au/legis/nsw/consol_act/dfa1991137
Sydney, Australia
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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
Sydney, Australia
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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
Sydney, Australia
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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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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; (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
Sydney, Australia
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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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