ON 1 AUGUST 1984, the Commonwealth Sex Discrimination Act 1984 commenced.
http://www.austlii.edu.au/au/legis/cth/consol_act/sda1984209/
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Insurance Contracts Act 1984 (Cth)
ON 25 JUNE 1984, the Commonwealth Insurance Contracts Act 1984 was enacted.
http://www.austlii.edu.au/au/legis/cth/consol_act/ica1984220/
The Act introduced a range of measures to promote good faith and fairness in contractual dealings between insurers and their insured.
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R v Apostilides [1984] HCA 38
ON 19 JUNE 1984, the High Court of Australia delivered R v Apostilides [1984] HCA 38; (1984) 154 CLR 563 (19 June 1984).
http://www.austlii.edu.au/au/cases/cth/high_ct/154clr563.html
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Mallet v Mallet [1984] HCA 21
ON 10 APRIL 1984, the High Court of Australia delivered Mallet v Mallet [1984] HCA 21; (1984) 156 CLR 605 (10 April 1984).
Equality had long been the starting point when dividing matrimonial property on divorce. The High Court in this case held that there is not to be a presumption of equality and that each case is to be determined upon a consideration of it’s particular circumstances.
Section 79(4) of the Family Law Act 1975 (Cth) requires consideration of the financial contributions, non-financial contributions and parental and/or homemaker services.
Sydney, Australia
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Chamberlain v R (No 2) (“Chamberlain Case”) [1984] HCA 7
ON THIS DAY in 1984, the High Court of Australia delivered Chamberlain v R (No 2) (“Chamberlain case”) [1984] HCA 7; (1984) 153 CLR 521 (22 February 1984).
http://www.austlii.edu.au/au/cases/cth/HCA/1984/7.html
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Community Justice Centres Act 1983 (NSW)
ON 1 DECEMBER 1983, the NSW Community Justice Centres Act 1983 commenced.
http://www.austlii.edu.au/au/legis/nsw/consol_act/cjca1983302
Sydney, Australia
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![Church of the New Faith v Commissioner of Pay-Roll Tax (Vic) (“Scientology case”) [1983] HCA 40](https://legalhelpdesklawyers.com.au/wp-content/uploads/2014/05/image.jpg?w=528&h=372&crop=1)
Church of the New Faith v Commissioner of Pay-Roll Tax (Vic) (“Scientology case”) [1983] HCA 40
ON 27 OCTOBER 1983, the High Court of Australia delivered Church of the New Faith v Commissioner of Pay-Roll Tax (Vic) (“Scientology case”) [1983] HCA 40; (1983) 154 CLR 120 (27 October 1983).
http://www.austlii.edu.au/au/cases/cth/HCA/1983/40.html
The High Court held that the Church of the New Faith was a religion in Victoria and therefore exempt from pay-roll tax.
Sydney, Australia
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Baker v Campbell [1983] HCA 39
ON 26 OCTOBER 1983, the High Court of Australia delivered Baker v Campbell [1983] HCA 39; (1983) 153 CLR 52 (26 October 1983)
The court ruled that legal professional privilege is not confined to actual or expected judicial and quasi-judicial proceedings, but may, in the absence of a provision to the contrary, be asserted in investigatory procedures.
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O’Callaghan v Loder [1983] 3 NSWLR 89
ON 30 SEPTEMBER 1983, the Supreme Court of NSW delivered O’Callaghan v Loder [1983] 3 NSWLR 89; [1984] EOC 92-023; (1983) 5 IR 320.
O’Callaghan was a junior lift attendant who sued the Commissioner for Main Roads for sex discrimination alleging sexual harassment.
O’Callaghan was unsuccessful in proving her allegations.
This was Australia’s first judicial decision on sex discrimination involving sexual harassment and is an authority that sexual harassment is a form sex discrimination.
Sydney, Australia
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Commercial Bank of Australia Ltd v Amadio [1983] HCA 14
ON 12 MAY 1983, the High Court of Australia delivered Commercial Bank of Australia Ltd v Amadio [1983] HCA 14; (1983) 151 CLR 447 (12 May 1983).
http://www.austlii.edu.au/au/cases/cth/HCA/1983/14.html
“Equity – Mortgage and guarantee – Right to set aside – Unusual transactions between bank and customer – Bank’s failure to disclose to mortgagor guarantor – Misrepresentation.
Guarantee – Guarantor under disability – Dealing with bank – Bank knowing of disability – Unconscionable bargain – Onus of proof – Whether transaction should be set aside unconditionally.”
An elderly Italian migrant couple had mortgaged land they owned as a guarantee for a loan from the bank to their son’s business. The business then went into liquidation and the bank demanded payment of the guarantee and then attempted to exercise a power of sale over the land.
The Amadios argued that the guarantee and mortgage should set aside as:
- they spoke limited English;
- they did not receive independent advice and were not advised to do so;
- they were not aware of their son’s financial situation, although the bank was; and
- they mistakenly believed that the liability was limited to $50,000.
The court held that the mortgage and guarantee must be set aside as it was unconscionable for the bank to enter into those transactions in circumstances where the bank through it’s superior bargaining power had gained an unconscientious advantage to the detriment of the Amadios who suffered a special disability.
Sydney, Australia
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