Tag Archives: SOLICITORS

Briginshaw v Briginshaw [1938] HCA 34 | 30 June 1938

ON 30 JUNE 1938, the High Court of Australia delivered Briginshaw v Briginshaw [1938] HCA 34; (1938) 60 CLR 336 (30 June 1938).

http://www.austlii.edu.au/au/cases/cth/HCA/1938/34.html

Where serious or grave allegations are made in a civil case, the court must, when making findings of fact, apply the civil standard of proof but, depending on the nature of the issue, give serious consideration as to whether or not it has reached the necessary degree of reasonable satisfaction or persuasion that the alleged facts are more likely than not to exist.

Per Dixon J at 362:

[R]easonable satisfaction is not a state of mind that is attained or established independently of the nature and consequence of the fact or facts to be proved. The seriousness of an allegation made, the inherent unlikelihood of an occurrence of a given description, or the gravity of the consequences flowing from a particular finding are considerations which must affect the answer to the question whether the issue has been proved to the reasonable satisfaction of the tribunal. In such matters ‘reasonable satisfaction’ should not be produced by inexact proofs, indefinite testimony, or indirect inferences. Everyone must feel that, when, for instance, the issue is on which of two dates an admitted occurrence took place, a satisfactory conclusion may be reached on materials of a kind that would not satisfy any sound and prudent judgment if the question was whether some act had been done involving grave moral delinquency. …

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Colonial Laws Validity Act 1865 (UK) | 29 June 1865

ON 29 JUNE 1865, the UK Colonial Laws Validity Act 1865 was enacted.

http://www.legislation.gov.uk/ukpga/Vict/28-29/63/contents

http://bailii.austlii.edu.au/uk/legis/num_act/1865/ukpga_18650063_en.pdf

The Act was introduced to remove doubts as to the validity of laws made in the British colonies. The Act provided that colonial legislatures were deemed to have full power to make laws in respect of their colonies, provided they are made in the correct manner and form and not repugnant to any laws of the United Kingdom that extended to the colony.

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Chancery Amendment Act 1858 (UK) 1858 (“Lord Cairns’ Act “) | 28 June 1858

ON 28 JUNE 1858, the UK Parliament enacted the Chancery Amendment Act 1858 (UK), also known as the Lord Cairns’ Act 1858.

The Act allowed the English and Irish equity courts to award damages. Until then, equity courts were limited to granting injunctions and specific performance. The Act also allowed the equity courts to call juries.

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Sydney, Australia

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National Federation of Independent Business v Sebelius 567 US (2012) | 28 June 2012

ON 28 JUNE 2012, the US Supreme Court delivered National Federation of Independent Business v Sebelius 567 US (2012).

http://www.supremecourt.gov/opinions/11pdf/11-393c3a2.pdf

The court upheld the constitutionality of the Patient Protection and Affordable Care Act, known as Obamacare.

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Sydney, Australia

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