ON 20 DECEMBER 1965, the NSW Law Reform (Miscellaneous Provisions) Act 1965 was enacted and commenced.
http://www.austlii.edu.au/au/legis/nsw/consol_act/lrpa1965404
Sydney, Australia
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Tag Archives: PERSONAL INJURY
Nesterczuk v Mortimore [1965] HCA 60
ON 19 NOVEMBER 1965, the High Court of Australia delivered Nesterczuk v Mortimore [1965] HCA 60; (1965) 115 CLR 140 (19 November 1965).
http://www.austlii.edu.au/au/cases/cth/high_ct/115clr140.html
Sydney, Australia
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Dame Roma Mitchell QC
ON 23 SEPTEMBER 1965, Dame Roma Mitchell QC was appointed to the Supreme Court of South Australia, becoming the first female superior court justice in Australia.
http://www.australianbiography.gov.au/subjects/mitchell/
Purkess v Crittenden [1965] HCA 34
ON 16 JULY 1965, the High Court of Australia delivered Purkess v Crittenden [1965] HCA 34; (1965) 114 CLR 164 (16 July 1965).
http://www.austlii.edu.au/au/cases/cth/HCA/1965/34.html
Where a plaintiff has made out a prima facie case that his or her incapacity was the result of the defendant’s negligence, the onus of adducing evidence that the incapacity was to do with a pre-existing condition, or that the incapacity would have in any event resulted from the pre-existing condition, rests with the defendant. However, the burden remains on the plaintiff on the whole of the evidence to satisfy the court or tribunal of the extent of the injury caused by the defendant’s negligence.
Sydney, Australia
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Warren Commission into JFK assassination
ON 24 SEPTEMBER 1964, the Report of the President’s Commission into the Assassination of President Kennedy (“the Warren Commission report”) was presented to the US President.
http://www.archives.gov/research/jfk/warren-commission-report/
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Shire of Perth v O’Keefe [1964] HCA 37
Shire of Perth v O’Keefe [1964] HCA 37; (1964) 110 CLR 529 (18 June 1964).
http://www.austlii.edu.au/au/cases/cth/high_ct/110clr529.html
Sydney, Australia
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Woon v R [1964] HCA 23
ON 9 APRIL 1964, the High Court of Australia delivered Woon v R [1964] HCA 23; (1964) 109 CLR 529 (9 April 1964).
http://www.austlii.edu.au/au/cases/cth/high_ct/109clr529.html
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Norman v Federal Commissioner of Taxation [1963] HCA 21
ON 25 JULY 1963, the High Court of Australia delivered Norman v Federal Commissioner of Taxation [1963] HCA 21; (1963) 109 CLR 9 (25 July 1963).
http://www.austlii.edu.au/au/cases/cth/HCA/1963/21.html
A husband had voluntarily assigned to his wife the right to company dividends and interest on a debt payable at will. The court held that the dividends and interest were future property not capable of being assigned for consideration and were therefore to be assessed as taxable income of the husband.
Assignment is “the immediate transfer of an existing proprietary right, vested or contingent, from the assignor to the assignee” per Windeyer J at 26.
Sydney, Australia
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Hedley Byrne & Co Ltd v Heller & Partners Ltd [1963] UKHL
ON 28 MAY 1963, the House of Lords delivered Hedley Byrne & Co Ltd v Heller & Partners a Ltd [1964] AC 465; [1963] UKHL (28 May 1963).
http://www.bailii.org/uk/cases/UKHL/1963/4.html
A negligent, although honest representation, may give rise to an action for damages for financial loss even if there was no contract between the advisor and the advisee and no fiduciary relationship. The law will imply a duty of care when the advisee seeks information from the advisor who has a special skill and where the advisee trusts the advisor to exercise due care, and that the advisor knew or ought to have known that reliance was being placed upon his skill and judgment.
Sydney, Australia
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Commonwealth v Cigamatic Pty Ltd (In Liq) [1962] HCA 40
ON 2 AUGUST 1962, the High Court of Australia delivered Commonwealth v Cigamatic Pty Ltd (In Liq) [1962] HCA 40; (1962) 108 CLR 372 (2 August 1962).
http://www.austlii.edu.au/au/cases/cth/HCA/1962/40.html
The case is notable for establishing the “Cigamatic doctrine”: that the Constitution grants to the Commonwealth a limited immunity from State laws.
The immunity relates to the Commonwealth’s executive capacities rather than the exercise of those capacities. In other words, a State law can regulate the exercise of Commonwealth executive capacities as long as it does not alter or deny those capacities: see Re Residential Tenancies Tribunal of NSW v Henderson; Ex parte Defence Housing Authority [1997] HCA 36; (1997) 190 CLR 410; (1997) 146 ALR 495; (1997) 71 ALJR 1254.
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