ON 9 JULY 2004, the Family Court of Australia delivered NHC & RCH [2004] FamCA 633 (9 July 2004).
http://www.austlii.edu.au/au/cases/cth/FamCA/2004/633.html
The decision discusses the principles to be applied with regards to adding back post-separation expenditure in a property settlement.
Sydney, Australia
1300 00 2088
ON 23 APRIL 2014, the NSW Civil and Administrative Tribunal delivered PZ v NSW Trustee and Guardian [2014] NSWCATAD 91.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172584
The tribunal refused and dismissed an application by the daughter of a dementia sufferer to review a decision by the NSW Trustee and Guardian refusing funds to be made available for the purchase of a property as a residence for the father and daughter.
1300 00 2088
ON 8 JULY 2014, the NSW Supreme Court delivered Westpac Banking Corporation v Channel 8 Holdings Pty Ltd (No. 2) [2014] NSWSC 912.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172576
The court extended a reference for pro bono assistance to the defendant for the preparation and conduct of the hearing as the defences pleaded involve some degree of technicality and require legal knowledge.
Sydney, Australia
1300 00 2088
ON 8 JULY 1975, the Commonwealth Privy Council (Appeals from the High Court) Act 1975 commenced, abolishing appeals from the High Court of Australia to the Privy Council.
http://www.austlii.edu.au/au/legis/cth/consol_act/pcfthca1975417/
1300 00 2088
ON 8 JULY 1997, the High Court of Australia delivered Lange v Australian Broadcasting Corporation (“Political Free Speech case”) [1997] HCA 25; (1997) 189 CLR 520; (1997) 145 ALR 96; (1997) 71 ALJR 818 (8 July 1997).
http://www.austlii.edu.au/au/cases/cth/HCA/1997/25.html
The court re-examined it’s earlier decisions of Stephens v West Australian Newspapers Ltd [1994] HCA 45; (1994) 182 CLR 211; (1994) 124 ALR 80 (1994) Aust Torts Reports 81-298 (12 October 1994) http://www.austlii.edu.au/au/cases/cth/HCA/1994/45.html and Theophanous v Herald & Weekly Times Ltd [1994] HCA 46; (1994) 182 CLR 104; (1994) 124 ALR 1 (1994) Aust Torts Reports 81-297 (12 October 1994) http://www.austlii.edu.au/au/cases/cth/HCA/1994/46.html.
Implied from the text and structure of the Constitution is a freedom of communication between the public concerning government or political matters. The freedom restricts legislative and executive powers but does not confer individual rights and freedoms. Accordingly, there is no constitutional freedom of communication defence to a defamation action as had been previously held in Stephens and Theophanous. However, the common law provides a defence of qualified privilege to defamation actions involving government or political matters provided that the comment is reasonable and not malicious.
Sydney, Australia
1300 00 2088
ON 7 JULY 2014, Justice Crennan of the High Court of Australia granted an interim injunction restraining the Commonwealth from taking, removing, deporting or surrendering certain asylum seekers into the custody of the government of Sri Lanka.
http://www.austlii.edu.au/au/other/HCATrans/2014/148.html
Sydney, Australia
1300 00 2088
The High Court of Australia has reportedly granted an interim injunction ordering the Commonwealth to refrain from transferring certain asylum seekers to Sri Lanka, the country from which they were seeking asylum.
Sydney, Australia
1300 00 2088
ON 7 JULY 2014, the Supreme Court of NSW delivered Curnow v Curnow [2014] NSWSC 896 (7 July 2014).
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2014/896.html
The plaintiffs brought an application for a family provision order under the NSW Succession Act 2006. The deceased died intestate with two children of his own (the second and third plaintiffs), a widow (the defendant) and the widow’s daughter/his stepdaughter (the first plaintiff).
The first plaintiff applied on the basis that she was a member of the deceased’s household and was dependent on him; the second and third plaintiffs applied on the basis that they were the deceased’s children.
The plaintiffs were eligible persons entitled to orders for education, maintenance or advancement in life. The court determined that capital lump sums of differing amounts be paid to each of the plaintiffs to enable them to pay off immediate debts as well as an order for their costs.
1300 00 2088
ON 7 JULY 2014, the NSW Court of Appeal delivered AHB v NSW Trustee and Guardian [2014] NSWCA 216.
http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172537
The Court dismissed an appeal of an Appeal Panel upholding a decision of the Administrative Decisions Tribunal to confirm the decision of the NSW Trustee and Guardian to sell sell the protected person’s family home.
Despite being unsuccessful, the protected person was not ordered to pay the NSW Trustee and Guardian’s costs.
1300 00 2088
ON 7 JULY 1989, the Federal Court of Australia delivered Re Henjo Investments Pty Limited; Henry Saade and Saade Developments Pty Limited v Collins Marrickville Pty Limited [1989] FCA 246; 89 ALR 539; (1989) 40 FCR 76 (7 July 1989).
http://www.austlii.edu.au/au/cases/cth/FCA/1989/246.html
Sydney, Australia
1300 00 2088
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