ON 24 AUGUST 1974, the Commonwealth Trade Practices Act 1974 was enacted. In 2010 it became the Competition and Consumer Law 2010.
http://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/
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Tag Archives: SOLICITORS
Automatic Fire Sprinklers Pty Ltd v Watson [1946] HCA 25 | 23 August 1946
Automatic Fire Sprinklers Pty Ltd v Watson [1946] HCA 25; (1946) 72 CLR 435 (23 August 1946).
http://www.austlii.edu.au/au/cases/cth/high_ct/72clr435.html
The dismissal of an employee terminates the employment relationship but not the contract of employment. An employer may unilaterally dismiss an employee but if the employee is wrongfully dismissed, he or she may elect to treat the contract of employment as terminated and sue for the damage suffered by the being deprived of his or her right to provide their services in return for earnings.
The employee does not have the right to insist on continuous employment, nor can he or she sue for wages if the service had not been provided. The employees only option is to treat the employer’s conduct as a repudiation and on that basis terminate the contract and sue for damages for wrongful dismissal.
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Eastman v Director of Public Prosecutions (No 2) [2014] ACTSCFC 2
ON 22 AUGUST 2014, the ACT Supreme Court delivered Eastman v Director of Public Prosecutions (No 2) [2014] ACTSCFC 2
http://www.courts.act.gov.au/supreme/judgment/view/8380/title/eastman-v-director-public-prosecutions
The court ordered that the conviction of David Harold Eastman for the murder of Australian Federal Police assistant commissioner Colin Stanley Winchester on 10 January 1989 be quashed and that there be a new trial.
Sydney, Australia
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Responses to Sex Abuse Royal Commission’s issues paper regarding victims compensation
ON 22 AUGUST 2014, the Royal Commission into the Institutional Responses to Child Abuse published 42 submissions in response to its issues paper on victims of crime statutory compensation schemes.
http://www.childabuseroyalcommission.gov.au/submissions/895/issues-paper-7
Sydney, Australia
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Sternhell v Warringah Council [2014] NSWLEC 1168
ON 22 AUGUST 2014, the NSW Land and Environment Court delivered Sternhell v Warringah Council [2014] NSWLEC 1168.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=173645
The court refused an appeal against the decision of Warringah Council to refuse consent for a Development Application seeking the demolition of existing structures and subdivision of land into four lots at Lantana Avenue Wheeler Heights.
Sydney, Australia
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Taylor v Taylor [1979] HCA 38 | 22 August 1979
ON 22 AUGUST 1979, the High Court of Australia delivered Taylor v Taylor [1979] HCA 38; (1979) 143 CLR 1 (22 August 1979).
http://www.austlii.edu.au/au/cases/cth/HCA/1979/38.html
A husband failed to appear in family law proceedings in the Supreme Court of NSW due to a misunderstanding on the part of his legal representative. In his absence, the court made orders dissolving the marriage and transferring the matrimonial home to the wife. Once the husband became aware of the orders, he made an application to the newly established Family Court seeking variation of the Supreme Court orders to the effect that the matrimonial home be sold and the net proceeds be divided between he and his wife. On the day of the application, the wife’s legal representatives mistakenly attended the Family Law Division of the Supreme Court rather than the Family Court. In the absence of the wife, orders were made by Hogan J of the Family Court in accordance with the relief sought by the husband. The wife then appealed to the Full Court of the Family Court, who allowed the appeal ruling that Hogan J did not possess the statutory power to amend the Supreme Court’s orders.
The High Court allowed an appeal, ordering that the previous orders be set aside and that there be a re-hearing of the matter.
The High Court held that a court has an inherent jurisdiction to set aside orders where it is in the interests of justice to do so.
Sydney, Australia
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Landmark Group Pty Limited v Lane Cove Council [2014] NSWLEC 1187
ON 22 AUGUST 2014, the NSW Land and Environment Court delivered Landmark Group Pty Limited v Lane Cove Council [2014] NSWLEC 1187.
The court upheld an appeal against a decision of Lane Cove Council regarding a s96 modification of a Development Consent affecting the land at 15-21 Mindarie Street Lane Cove.
Sydney, Australia
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Hannaford v Commonwealth Bank of Australia [2014] NSWCA 297
Local Government (State) Award 2014
ON 21 AUGUST 2014, the Local Government (State) Award 2014 was posted in the Industrial Gazette.
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Greiner v Independent Commission Against Corruption (1992) 28 NSWLR 125 | 21 August 1992
ON 21 AUGUST 1992, the NSW Court of Appeal delivered Greiner v Independent Commission Against Corruption (1992) 28 NSWLR 125.
Sydney, Australia
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