TOMORROW at 9.15 am in the Banco Court, Peter Hamill SC will be sworn in as a Judge of the Supreme Court of NSW.
Sydney, Australia
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Tag Archives: Mosman Lawyers
Mosman Lawyers
Mosman Lawyer Barry O’Keefe QC dies
ON 26 APRIL 2014, Mosman Lawyer Barry O’Keefe QC died aged 80.
Nette v Howarth [1935] HCA 22
ON 3O APRIL 1935, the High Court of Australia delivered Nette v Howarth [1935] HCA 22; (1935) 53 CLR 55 (30 April 1935).
http://www.austlii.edu.au/au/cases/cth/HCA/1935/22.html
Per Evatt and McTiernan JJ:
“The word “pay” includes the remuneration granted to the holder of a rank or office in the case where he is relieved from the actual performance of the duties of the office. In this sense it includes the half-pay of a military officer. A characteristic of a payment which answers the description “pay” is that the payee receives it on account of the occupancy of some office, rank or employment.”
Sydney, Australia
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McKellar v DPP [2014] NSWSC 459
ON 23 APRIL 2014, Justice Adamson of the Supreme Court of NSW delivered McKellar v DPP [2014] NSWSC 459.
The court quashed a Local Court conviction and sentence to a defendant who the Magistrate determined was not present (and dealt with her case as though she was not present) despite her solicitor being present.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=171034
Sydney, Australia
1300 00 2088
Unfair Dismissals Quarterly Report
ON 23 APRIL 2014, the Fair Work Commission released its Unfair Dismissals Quarterly Report for the Jan-March 2014.
Click to access AB-Q3-FYR13-14.pdf
Sydney, Australia
1300 00 2088
Anti-bullying Laws Quarterly Report
ON 23 APRIL 2014, the Fair Work Commission released its Anti-Bullying Quarterly Report for the Jan-March 2014.
Click to access AB-Q3-FYR13-14.pdf
The quarterly report monitors the impact of the new anti-bullying laws which commenced at the beginning of 2014.
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Security of Payment changes
ON 21 APRIL 2014, changes to the Building and Construction Industry Security of Payment Act 1999 took effect with the commencement of the Building and Construction Industry Security of Payment Amendment Act 2013 No 93.
Click to access bacisopaa2013n93713.pdf
http://www.austlii.edu.au/au/legis/nsw/num_act/bacisopaa2013n93713
The changes include:
- prompt or maximum payment terms for progress payments
- a requirement that head contractor claims have a supporting statement declaring subcontractors engaged have been paid what is due and payable
- a removal of the requirement that a claim state that it is made under the Act
https://www.procurepoint.nsw.gov.au/supplying/security-payment
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2 Koowong Avenue, Mosman NSW 2088
Andrew Burges Architecture v Mosman Council [2006] NSWLEC 187 (10 April 2006).
Mosman Municipal Council v Keesing [2006] NSWLEC 836
Mosman Municipal Council v Keesing [2006] NSWLEC 836 (18 April 2006).
http://www.austlii.edu.au/au/cases/nsw/NSWLEC/2006/836.html
Sydney, Australia
1300 00 2088
NSW Recorded Crime Statistics 2013
ON 10 APRIL 2014, the NSW Bureau of Crime Statistics and Research released the NSW Recorded Crime Statistics 2013.
Statewide
- Most major categories fell or remained stable in the 24 months to December 2013.
- Significant downward trends were shown in seven of the major offences, including robbery without a weapon (down 11.2%), break and enter dwelling (down 13.3%), break and enter non-dwelling (down 10.5%), motor vehicle theft (down 12.9%), steal from motor vehicle (down 5.0%), steal from person (down 11.8%) and malicious damage to property (down 8.1%).
- Increases were recorded with respect fraud (up 13.2 per cent) and indecent assault, act of indecency and other sexual offences (up 7.8%).
- Non-domestic assaults were stable.
Greater Sydney
- ndecent assault, act of indecency and other sexual offences increased in the Inner West (up 41.6%), the Outer South West (up 9.0%) and the South West (up 11.5%).
- Stealing from a retail store increased more than 20% in the Northern Beaches, Outer West & Blue Mountains and Ryde.
- Break and enter dwelling increased 23.7% in Sutherland but fell in Blacktown (down 25.8%), the Central Coast (down 23.1%), the City and Inner South (down 9.4%), the Eastern Suburbs (down 28.2%), the Inner West (down 17.7%), North Sydney and Hornsby (down 30.8%) and the Northern Beaches (down 21.3%).
Outside Greater Sydney
- Fraud increased in Central West (up 32.8%), Coffs Harbour-Grafton (up 41.5%), Richmond-Tweed (up 18.6%) and the Southern Highlands and Shoalhaven (up 58.3%).
- Most areas experienced either stable or falling trends.
- Break and enter non-dwelling and motor vehicle theft were particularly fell in 9 out of 13 statistical areas.
Other changes
- Assault police increased (up 18.1%, from 2,234 offences in 2012 to 2,639 offences in 2013).
- Drug offences increased, including possession/use of cocaine (up 16.9%), possession/use of amphetamines (up 5.7%) and dealing/trafficking in cannabis (up 8.4%).
- Other increases included prohibited and regulated weapons offences (up 15.2%), breach bail (up 6.0%), other offences against justice procedures (up 17.9%) and transport regulatory offences (up 20.3%).
- Shooting incidents were highly variable but did not exhibit any upward or downward trend in the period.
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