Tag Archives: SOLICITORS

Courts and Tribunals

Federal Circuit Court of Australia

The Federal Circuit Court of Australia http://www.federalcircuitcourt.gov.au/ first sat in 2000 as the Federal Magistrates Court of Australia and in 2012 was re-named the Federal Circuit Court of Australia.

The court exercises federal jurisdiction under the Australian Constitution, sharing the jurisdictions of the Federal Court and Family Court of Australia. The court hears federal matters such as administrative law, admiralty law, banking law, child support, copyright, family law, human rights, industrial law, privacy, and trade practices.

The court aims to offer a simpler and more convenient alternative to the Federal Court and the Family Court.

The court is presided over by a Chief Judge (currently Chief Judge John Pascoe AO CVO) and a number of Judges.

The court sits in the locations of the other federal courts. The main locations are in Melbourne, Dandenong, Sydney, Adelaide, Brisbane, Cairns, Darwin, Launceston, Hobart, Newcastle, Perth and Townsville. The court also conducts sittings in other metropolitan and regional areas.

The Sydney registry is located at the Federal Court registry, Law Courts Building, Level 17, Queens Square, Sydney NSW 2000, tel (02) 9230 8567. In Sydney the court sits at either John Maddison Tower, Level 6, 88 Goulburn Street, Sydney NSW 2000 or TTG Building, Levels 10 and 12, 80 William Street, Sydney NSW 2000.

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Sydney, Australia

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Business law

Business law in NSW

Businesses in New South Wales are governed by many state and federal laws, including:

 

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Sydney, Australia

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Civil procedure, Criminal Procedure, Practice and Procedure

Williams v Spautz [1992] HCA 34 | 27 July 1992

ON 27 JULY 1992, the High Court of Australia delivered Williams v Spautz [1992] HCA 34; (1992) 174 CLR 509 (27 July 1992).

http://www.austlii.edu.au/au/cases/cth/HCA/1992/34.html

The case concerns the use of the court’s power to grant a stay of proceedings when the proceedings have been used for an improper purpose.

After being dismissed from the University of Newcastle, Dr Spautz threatened, instituted and maintained private prosecutions of charges of conspiracy and criminal defamation against former colleagues including Professor Williams and others (“the appellants”).

The appellants obtained a stay of proceedings order from the Supreme Court of NSW. The trial judge found that the proceedings had been brought for the improper purpose of “exerting pressure upon the University of Newcastle to reinstate him and/or to agree to a favourable settlement of his wrongful dismissal case”.

The NSW Court of Appeal quashed the orders, holding that the appellants could receive a fair trial and that there was no evidence of any misconduct in the way the prosecution was conducted.

The High Court allowed an appeal, setting aside the Court of Appeal’s decision, declaring that the prosecutions were an abuse of process and ordering that the prosecutions be stayed permanently.

The decision provides:

  • Australian courts have the inherent jurisdiction to stay criminal and civil proceedings.
  • The court may grant stays in (1) proceedings in which a party may not receive a fair trial and (2) proceedings brought for an improper purpose.
  • Before granting a stay for improper purpose, the court is not required to satisfy itself that there will be an unfair trial if the prosecution is not stopped: at 519-520.
  • Proceedings may be stayed notwithstanding that the prosecution has a prima facie case: at 522.
  • The court must have the power to act effectively within its jurisdiction, even if it means refraining from exercising their jurisdiction as it is in the public interest to ensure public confidence that the processes are used fairly and not for oppression or injustice.

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Sydney, Australia

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Estates, Probate, Succession, Wills and Probate

Probate Administration Act 1898 | NSW | 27 July 1898

ON 27 JULY 1898, the NSW Wills Probate and Administration Act 1898 was enacted. The Act was renamed the Probate Administration Act 1898 in 2008, with part of the Act becoming the Succession Act 2006.

http://www.austlii.edu.au/au/legis/nsw/consol_act/paaa1898259

http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138

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Equity, Trade Practices

Seven Network Limited v News Limited [2007] FCA 1062 | 27 July 2007

ON 27 JULY 2007, the Federal Court of Australia delivered Seven Network Limited v News Limited [2007] FCA 1062 (27 July 2007).

http://www.austlii.edu.au/au/cases/cth/FCA/2007/1062.html

The Seven Network Limited sued News Limited and others, including Foxtel Cable Television Pty Limited and PBL, alleging anti-competitive conduct including breaches of the Trade Practices Act 1974 (Cth) and the Broadcasting Services Act 1992 (Cth).

Seven claimed that the respondents had used anti-competitive conduct to secure the rights to broadcast certain sporting events.

Justice Sackville dismissed the claims.

The judgment is notable for Sackville J’s comments about the case being one of “mega-litigation” heard over 120 sitting days involving: over 85,000 documents comprising over 500,000 pages; submissions of over 1,500 pages; pleadings of over 100,000 pages; and a transcript of over 9,500 pages.

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Courts and Tribunals

High Court of Australia

The High Court of Australia http://www.hcourt.gov.au/ is the highest court in Australia.

The High Court was established by the Constitution on 1 January 1901 and first sat in Melbourne in 1903.

The Court hears three types of cases:

  • Original matters specified in the Constitution including disputes between the States and/or the Commonwealth, interpretation of the Constitution and interpretation of Commonwealth laws.
  • Appeals from single justices of the High Court.
  • Appeals from the State and Territory Supreme Courts, Federal Court of Australia and Family Court of Australia.

There is no automatic right to an appeal. A party wanting to appeal must make an application for special leave. In determining an application for special leave, the court may have regard to any relevant matters but shall have specific regard to:

  • questions of law either of public importance or subject to differences of opinion between the state courts and
  • whether it is in the interests of the administration of justice, generally or in the particular case.

Decisions of the court are binding on all other courts in Australia. The court is not bound by it’s earlier decisions.

The High Court is constituted by seven justices, including a Chief Justice. The current court consists of:

  • Chief Justice French AC.
  • Justice Hayne AC.
  • Justice Crennan AC.
  • Justice Kiefel AC.
  • Justice Bell AC.
  • Justice Gageler.
  • Justice Keane.

Since 1980, the High Court’s principal registry has been in Canberra at Parkes Place, Parkes, ACT 2600, tel (02) 6270 6857.

There are registry offices in all capital cities. The Sydney registry is at Level 23, Law Courts Building, Queens Square, Sydney NSW 2000, tel (02) 9230 8369.

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Contract, Damages, Employment Law

Addis v Gramophone Co Ltd [1909] UKHL 1 | 26 July 1909

ON 26 JULY 1909, the House of Lords delivered Addis v Gramophone Co Ltd [1909] UKHL 1, [1909] AC 488.

http://www.bailii.org/uk/cases/UKHL/1909/1.html

The decision is notable for establishing the general principle that damages for breach of contract do not cover injured feelings, mental anxiety, distress, anguish or frustration.

In cases of wrongful or unfair dismissal, damages are limited to lost earnings during the period of notice and are not to compensate the manner of dismissal; loss of reputation; difficulty of finding other employment; or injured feelings, mental anxiety, distress, anguish or frustration.

Damages for breach of contract are compensatory and the court may not award exemplary damages.

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Planning Law, Property Law

Housing Commission of NSW v San Sebastian Pty Ltd [1978] HCA 28 | 25 July 1978

ON 25 JULY 1978, the High Court of Australia delivered Housing Commission of NSW v San Sebastian Pty Ltd [1978] HCA 28; (1978) 140 CLR 196 (25 July 1978).

http://www.austlii.edu.au/au/cases/cth/HCA/1978/28.html

When valuing land for the purposes of compensation for resumption, no regard is to be given to either the increase or diminution in the value of the land entirely brought about by the resumption.

See also: Pointe Gourde Quarrying and Transport Co Ltd v Sub-Intendent of Crown Lands [1947] AC 565.

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Sydney, Australia

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Equity, Property Law, Taxation

Norman v Federal Commissioner of Taxation [1963] HCA 21 | 25 July 1963

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.

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Sydney, Australia

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Administrative Law, Commercial Law, Consumer Law, Courts and Tribunals, Disability Law, Discrimination Law, Elder Law, Ethics, Guardianship, Human Rights, Licensing, Professional conduct

NSW Civil and Administrative Tribunal

The NSW Civil and Administrative Tribunal (NCAT)http://www.ncat.nsw.gov.au/ncat/index.html commenced on 1 January 2014 pursuant to the NSW Civil and Administrative Act 2013 and Civil and Administrative Regulation 2013.

The NCAT takes over the functions of 22 former state tribunals, including:

  • Aboriginal and Torres Strait Islander Health Practice Tribunal
  • Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal
  • Administrative Decisions Tribunal
  • Charity Referees
  • Consumer, Trader and Tenancy Tribunal
  • Dental Tribunal
  • Guardianship Tribunal
  • Chinese Medicine Tribunal
  • Chiropractic Tribunal
  • Medical Radiation Practice Tribunal
  • Medical Tribunal
  • Nursing and Midwifery Tribunal
  • Occupational Therapy Tribunal
  • Optometry Tribunal
  • Osteopathy Tribunal
  • Pharmacy Tribunal
  • Physiotherapy Tribunal
  • Podiatry Tribunal
  • Psychology Tribunal
  • Local Government Pecuniary Interest and Disciplinary Tribunal
  • Local Land Boards
  • Victims Compensation Tribunal (transferred into the ADT in June 2013)
  • Vocational Training Appeals Panel.

The NCAT is constituted by a President (a Supreme Court judge), Deputy Presidents of each of the four divisions, a Principal Registrars and Members including Principal Member, Senior Members and General Members.

The NCAT has four divisions:

  • Administrative and Equal Opportunity, which deals with review of administrative decisions of government agencies and resolution of discrimination matters.
  • Consumer and Commercial, which deals with a broad number of disputes about the supply of goods and services, including agent commissions and fees; agricultural tenancies; boarding houses; consumer claims; conveyancing costs; dividing fences; holiday parks (long-term occupancy); home building; motor vehicles; pawnbrokers and second-hand dealers; residential parks; retail leases; retirement villages; social housing; strata and community schemes; tenancy; travel compensation fund appeals.
  • Guardianship, which has jurisdiction over people who live in NSW or hold property or financial assets in NSW: to make guardianship orders for the appointment of a private or public guardian; make financial orders for a private or public financial manager; provide consent for medical or dental treatment; review enduring powers of attorney; review an enduring guardianship appointment; approve a clinical trial involving people with decision-making disabilities.
  • Occupational, including: administrative review of licensing decisions with respect to transport drivers/operators, security guards, builders, real estate agents, motor dealers and repairers, pawnbrokers and second hand dealers, stock and station agents, business agents, travel agents, valuers and licenced conveyancers; professional discipline of occupations governed by a statutory council, board, panel or authority.

The current President is Justice Robertson Wright SC and the Deputy-Presidents are Magistrate Nancy Hennessy, Mr M D Schyvens, Mr Stuart Westgarth, The Hon. Wayne Haylen QC and Judge Kevin O’Connor AM.

The principal registry is located at Level 9, John Maddison Tower, 86-90 Goulburn Street, Sydney NSW 2000, tel 1300 006 228.

The divisional registries are:

  • Administrative and Equal Opportunity: Level 10, John Maddison Tower, 86-90 Goulburn Street, Sydney NSW 2000.
  • Consumer and Commercial: Level 12, 175 Castlereagh Street, Sydney NSW 2000 (also at Liverpool, Hurstville, Newcastle, Penrith, Tamworth and Wollongong).
  • Guardianship: Level 3, 2a Rowntree Street Balmain NSW 2041.
  • Occupational: Level 10, John Maddison Tower, 86-90 Goulburn Street, Sydney NSW 2000.

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