Tag Archives: SOLICITORS

BEY v NSW Trustee and Guardian [2014] NSWCATAD

ON 3 JULY 2014, the NSW Civil and Administrative Tribunal delivered BEY v NSW Trustee and Guardian [2014] NSWCATAD 87.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172511

The tribunal affirmed a decision of the NSW Trustee and Guardian to sell a property owned by the applicant’s mother, a dementia sufferer whose estate was committed by the Guardianship Tribunal to management by the NSW Trustee and Guardian.

The applicant had sought a review under Part 3A of the Guardianship Act 1987.  He believed that it was in his mother’s best interests that the property be leased even though the mother wished to sell the property. He believed that the mother was being manipulated or influenced by his brother with whom he is in conflict.

The tribunal avoided making any findings regarding the manipulation or influence and instead found that it was the mother’s right to earn the best interest possible with the proceeds of the sale invested in a diversified portfolio.

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Supreme Court of NSW

The Supreme Court of NSW http://www.supremecourt.lawlink.nsw.gov.au/supremecourt/sco2_index.html is the state’s highest court and has jurisdiction to deal with:

  • Civil matters of any amount.
  • Serious criminal matters.

The court’s functions are divided into:

  • Trial matters in the Common Law and Equity divisions.
  • Appeal matters in the Court of Appeal and Court of Criminal Appeal.

The court is presided over by a Chief Justice, President of the Court of Appeal, Judges of Appeal, Judges and Associate Judges. Some judicial functions are delegated to Registrars. The current Chief Justice is the Hon T F Bathurst AC and the President of the Court of Appeal is the Hon Justice Margaret Joan Beazley AO.

Proceedings of the Supreme Court are carried out at:

  • Law Courts Building, Queens Square, Sydney
  • St James Road Court, St James Road, Sydney
  • King Street Courthouse, Corner King and Elizabeth Streets, Sydney
  • Darlinghurst Courthouse, Taylor Square, Sydney
  • Wentworth Chambers, 180 Phillip Street, Sydney
  • Hospital Road Court Complex, Hospital Road, Sydney

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District Court of NSW

The District Court of NSW http://www.districtcourt.lawlink.nsw.gov.au/districtcourt/index.html has jurisdiction to deal with:

  • Motor accident personal injury claims of any amount that have been either assessed, or made exempt from assessment, by the Claims Assessment and Resolution Service.
  • Other Civil matters up to the value of $750,000, or over that amount if all parties consent.
  • All criminal matters apart from murder, treason and piracy.
  • Residual matters transferred from the Compensation Court of NSW.
  • Summary jurisdiction for offences under the Work Health and Safety Act 2011.
  • Medical Tribunal.
  • Appeals of Local Court and Children’s Court decisions.

The court is presided over by Judges who delegate some of their functions to Registrars. The Chief Judge is the Honourable Justice Reginald Blanch AM.

The court’s Sydney CBD registry is situated at Level 4, John Maddison Tower, Sydney NSW 2000. Other Sydney metropolitan registries are located at Liverpool and Parramatta. The court also sits at Campbelltown and Penrith and various other locations around the state.

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Daily Court Lists

Daily court lists can be found at the Lawfoundation website:

http://www.lawfoundation.net.au/courtlists

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Sherman Antitrust Act | 2 July 1890

ON 2 JULY 1890, the US Sherman Antitrust Act was passed by US Congress.

http://www.ourdocuments.gov/doc.php?flash=true&doc=51

The Act prohibited monopolies and cartels and regulated market activities with the aim of preventing anti-competitive conduct.

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Civil Rights Act of 1964 (US) | 2 July 1964

ON 2 JULY 1964, the US Civil Rights Act of 1964 was signed into law.

http://www.congresslink.org/print_basics_histmats_civilrights64text.htm

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Sydney, Australia

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NSW Local Court

The NSW Local Court http://www.localcourt.lawlink.nsw.gov.au/localcourts/index.html has jurisdiction to deal with:

  • Civil matters up to the value of $100,000.
  • Summary criminal matters.
  • Committal hearings to determine whether or not indictable criminal offences are to be tried in the District Court and Supreme Court of NSW.
  • Apprehended violence orders.
  • Driver licence appeals.
  • Some family law matters with regards to property settlements and residence orders.

The Local Court is presided over by Magistrates (addressed as “your honour”) who delegate some of their functions to Registrars (“Registrar”).

The Local Court has specialist jurisdictions including:

The Local Court are situated all across the state. In Sydney it is located at:

  • Balmain: 368 Darling Street, Balmain NSW 2041.
  • Bankstown: Cnr Chapel Road and The Mall, Bankstown NSW 2200.
  • Bidura Children’s: 357 Glebe Point Road, Glebe NSW 2037.
  • Blacktown: 1 Kildare Road, Blacktown NSW 2148.
  • Burwood: 7-9 Belmore Street, Burwood NSW 2134.
  • Camden: John Street, Camden NSW 2570.
  • Campbelltown: Railway Street, Campbelltown NSW 2560.
  • Campbelltown Children’s: Queen Street, Campbelltown NSW 2560.
  • Drug Court: Parramatta Court House, 12 George Street, Parramatta NSW 2124.
  • Fairfield: Cnr Spencer Street and Court Road, Fairfield NSW 2165.
  • Hornsby: 294 Pacific Highway, Hornsby NSW 2077.
  • Kogarah: 17 Montgomery Street, Kogarah NSW 2217.
  • Liverpool: 150 George Street, Liverpool NSW 2170.
  • Manly: 2 Belgrave Street, Manly NSW 2095.
  • Mt Druitt: 59 North Parade, Mt Druitt NSW 2770.
  • Newtown: 222 Australia Street, Newtown NSW 2042.
  • North Sydney: 94 Pacific Highway, North Sydney NSW 2059.
  • Parramatta: 12 George Street, Parramatta NSW 2150.
  • Parramatta Children’s: 2 George Street, Parramatta NSW 2150.
  • Richmond: 288 Windsor Street, Richmond NSW 2753.
  • Ryde: 814 Victoria Road, Ryde NSW 2112.
  • State Coroner’s: 44-46 Parramatta Road, Glebe NSW 2037.
  • Sutherland: Cnr Flora and Belmont Streets, Sutherland NSW 2232.
  • Sydney Central: 98 Liverpool Street, Sydney NSW 2000.
  • Sydney Downing Centre: (Criminal and General) Level 4 Downing Centre 143-147 Liverpool Street, Sydney NSW 2000.
  • Sydney Downing Centre: (Civil) Level 5 Downing Centre 143-147 Liverpool Street, Sydney NSW 2000.
  • Waverley: 151 Bronte Road, Waverley NSW 2024.
  • Windsor: Cnr North and Court Streets, Windsor NSW 2756.

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Smoke-free Environment Amendment Act 2004 (NSW) | 2 July 2007

ON 2 JULY 2007, smoking was banned in all enclosed areas of bars through the commencement of the Smoke-free Environment Amendment Act 2004, which amended the Smoke-free Environment Act 2000.

Click to access seaa2004n110354.pdf

http://www.austlii.edu.au/au/legis/nsw/consol_act/sea2000247/

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Lafiatis BHT NSW Trustee & Guardian v Australian-Greek Investments Pty Ltd [2014] NSWSC 884

ON 1 JULY 2014, the Supreme Court of NSW delivered Lafiatis BHT NSW Trustee & Guardian v Australian-Greek Investments Pty Ltd [2014] NSWSC 884.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172455

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Sydney, Australia

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Road Transport Act 2013 (NSW)

ON 1 JULY 2013, the Road Transport Act 2013 (NSW) commenced.

The object of the Act is to consolidate the provisions of the numerous NSW road transport Acts into the one Act.

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