Mosman Lawyers
Unpaid work arrangements – vocational placements, unpaid internships, unpaid work experience and unpaid trials – need to be considered carefully as they are not always appropriate.
The Fair Work Ombudsman publishes helpful information about unpaid work. For more information visit http://www.fairwork.gov.au/Pay/unpaid-work
Sydney, Australia
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The ACCC has released a commemorative magazine and video to celebrate 40 years of the Trade Practices Act 1974 (Cth), which commenced on 1 October 1974.
The National Pro Bono Resource Centre has released its annual performance report. Seventeen of the top 20 law firms in Australia are signatories to the target of 35 pro bono hours per lawyer, per year. Ten of those firms met or exceeded the 35 hour target in the last financial year.
For more information visit http://www.lawyersweekly.com.au/news/large-law-smashes-pro-bono-target
1300 00 2088
A Practitioner’s Guide to Corporate Law is a handy guide to the basic procedures of corporate law. It is published free of charge courtesy of the Business Law Committee of the NSW Young Lawyers.
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The following matters are listed for judgment in the High Court of Australia next week:
1.Tajjour v State of New South Wales; Hawthorne v State of New South Wales; Forster v State of New South Wales (S36/2014; S37/2014; S38/2014). Wednesday, 8 October 2014 at 10.15 am in Court No. 2 Parkes Place, Canberra.
Audio-visual Recording 10/06/14
Audio-visual Recording 11/06/14
2. Brookfield Multiplex Ltd v. Owners Corporation Strata Plan 61288 & Anor (S66/2014). Wednesday, 8 October 2014 at 10.15 am in Court No. 2 Parkes Place, Canberra.
Lower court judgment: 25/09/2013 Supreme Court of New South Wales (Court of Appeal) (Basten JA, Macfarlan, JA, Leeming JA)
3. Kentwell v The Queen (S113/2014). Thursday 9 October 2014 at 10.15 am in Court No.2 Parkes Place, Canberra.
Lower court judgment: 14/11/2013 Supreme Court of New South Wales (Court of Criminal Appeal) (Hoeben CJatCL, Johnson J, Bellew J)
Appellant’s Written Submissions
Respondent’s Written Submissions
4. O’Grady v The Queen (S114/2014) Thursday 9 October 2014 at 10.15 am in Court No.2 Parkes Place, Canberra.
Lower court judgment: 18/11/2013 Supreme Court of New South Wales (Court of Criminal Appeal) (Hoeben CJatCL, Johnson J, Bellew J).
Appellant’s Written Submissions
Respondent’s Written Submissions
Sydney, Australia
1300 00 2088
Yorke v Lucas [1985] HCA 65; (1985) 158 CLR 661 (3 October 1985).
http://www.austlii.edu.au/au/cases/cth/high_ct/158clr661.html
The High Court said that although an intention to mislead or deceive is not a requisite element for a contravention of s52 of the Trade Practices Act 1974, the passing on of false information by a corporation is not misleading or deceptive conduct if it is apparent that the corporation is not the source of the information and it disclaims any belief in its truth or falsity.
To be liable for misleading or deceptive conduct, the individual passing on the information must either be an intentional participant, or if not, a participant with knowledge of the essential facts constituting the contravention of s52 (even if he or she does not know that those matters amount to a contravention).
Sydney, Australia
1300 00 2088
The New South Wales Bar Association has announced the names of the new Senior Counsel for 2014. To see the list visit http://www.nswbar.asn.au/docs/webdocs/silks_021014_x.pdf
Sydney, Australia
1300 00 2088
A Practitioners Guide to the Land and Environment Court (third edition, 2009) is a handy introduction to the rules and procedures of the NSW Land and Environment Court. It is published free of charge courtesy of the Environmental Law Committee of the NSW Young Lawyers.
Sydney, Australia
1300 00 2088
For a free copy of the Guide to Selling a Home visit http://www.lawsociety.com.au/cs/groups/public/documents/internetcontent/657103.pdf
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ON 2 OCTOBER 2012, the High Court of Australia delivered Barclay v Penberthy [2012] HCA 40 (2 October 2012)
1.It was confirmed that the rule in Barker v Bolton [1808] EWHC KB J92; (1808) 1 Camp 493 [170 ER 1033] continues to form part of the common law of Australia so that the death of a person does not in and of itself create a cause of action giving rise to a claim for damages. The court held that the employer who lost two employees in an aviation accident could not recover damages for their death even thought their death was caused by the negligence of others.
2.Confirmed that an action per quod servitium amisit (“per quod“) continues to form part of the common law of Australia so that an employer may be awarded damages for the loss of services of an injured employee. The court held that the employer could recover damages from the negligent pilot, his employer and aeronautical engineer for the market value of the loss of the services of its injured employees, calculated with reference to the cost of substitute labour less the wages no longer payable to the injured employees.
3.Held that the negligent pilot and employer owed a duty to the employer of the passengers no to cause it economic pure loss.
Sydney, Australia
1300 00 2088
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