ON THIS DAY in 1976, the Parliament of the Commonwealth of Australia enacted the Aboriginal Land Rights (Northern Territory) Act 1976.
http://www.austlii.edu.au/au/legis/cth/consol_act/alrta1976444
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Tag Archives: SYDNEY LAWYERS
Twist v Randwick Municipal Council [1976] HCA 58
Twist v Randwick Municipal Council [1976] HCA 58; (1976) 136 CLR 106 (17 November 1976).
http://www.austlii.edu.au/au/cases/cth/high_ct/136clr106.html
A statutory authority with the power to affect the rights of a person must hear from the person before exercising the power.
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R v Watson; Ex parte Armstrong [1976] HCA 39
ON 3 AUGUST 1976, the High Court of Australia delivered R v Watson; Ex parte Armstrong [1976] HCA 39; (1976) 136 CLR 248 (3 August 1976).
http://www.austlii.edu.au/au/cases/cth/HCA/1976/39.html
The decision sets out the test under Australian law for apprehended bias.
A judge must not hear a case if “the parties or the public might reasonably suspect that he was not unprejudiced and impartial”: per Barwick CJ, Gibbs, Stephen and Mason JJ at 263.
Public confidence in the administration of justice is of fundamental importance: “If fair-minded people reasonably apprehend or suspect that the tribunal has prejudged the case, they cannot have confidence in the decision”: at 263.
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Ogle v Comboyuro Investments Pty Ltd [1976] HCA 21
ON 30 APRIL 1976, the High Court of Australia delivered Ogle v Comboyuro Investments Pty Ltd [1976] HCA 21; (1976) 136 CLR 444 (30 April 1976).
“Vendor and Purchaser – Sale of land – Contract of sale – Refusal by purchaser to complete – Anticipatory breach – Suit for specific performance by vendor – Continued refusal by purchaser to complete – Whether vendor entitled to rescind and claim damages.”
A contract may be rescinded by a vendor for repudiation whilst an action for specific performance is on foot if the purchaser refuses to complete and acts as though it intends to be no longer bound by the contract.
Sydney, Australia
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Inc Pty Ltd v Commonwealth (“Fraser Island case”) [1976] HCA 20
ON 14 APRIL 1976, the High Court of Australia delivered Murphyores Inc Pty Ltd v Commonwealth (“Fraser Island case”) [1976] HCA 20; (1976) 136 CLR 1 (14 April 1976).
The court held that the Commonwealth could validly legislate over the environment through its trade and commerce powers under the Constitution. As a result, sand mining licensed by the Queensland Government was prohibited on the Fraser Island – the largest sand island in the world.
Fraser Island later became part of the Register of the National Estate, National Heritage List and the World Heritage List.
http://www.austlii.edu.au/au/cases/cth/HCA/1976/20.html
Sydney, Australia
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In the Matter of Karen Quinlan, an alleged incompetent 70 NJ 10
ON 31 MARCH 1976, the Supreme Court of New Jersey permitted the life support system of the permanently comatose Karen Ann Quinlan to be turned off to allow her to die a natural death without any civil or criminal liability on her guardian or treatment providers: see IN THE MATTER OF KAREN QUINLAN, AN ALLEGED INCOMPETENT Supreme Court of New Jersey 70 N.J. 10; 355 A.2d 647; 1976 N.J. LEXIS 181; 79 A.L.R.3d 205
Click to access In_Re_Quinlan.pdf
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IN THE MATTER OF KAREN QUINLAN, AN ALLEGED INCOMPETENT 1976 70 NJ 10
ON THIS DAY IN 1976, the Supreme Court of New Jersey delivered IN THE MATTER OF KAREN QUINLAN, AN ALLEGED INCOMPETENT 70 N.J. 10; 355 A.2d 647; 1976 N.J. LEXIS 181; 79 A.L.R.3d 205. The guardian, hospital and treatment providers of Karen Ann Quinlan were permitted to turn off her life support system as she was in a persistent vegetative state.
Sydney, Australia
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Family Law Act 1975 (Cth)
ON THIS DAY in 1976, the Commonwealth Family Law Act 1975 commenced.
http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114
Sydney, Australia
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Family Court
ON 5 JANUARY 1976, the Family Court was established.
Sydney, Australia
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Anton Piller KG v Manufacturing Processes Ltd [1975] EWCA Civ 12
ON 8 DECEMBER 1975, the England and Wales Court of Appeal delivered Anton Piller KG v Manufacturing Processes Ltd & Ors [1975] EWCA Civ 12 (08 December 1975).
http://www.bailii.org/ew/cases/EWCA/Civ/1975/12.html
The Court of Appeal held that it had inherent jurisdiction to order defendants in most exceptional circumstances to “permit” the plaintiffs’ lawyers to enter the defendants’ premises to inspect and remove material. Such circumstances are (1) when the plaintiffs have a strong prima facie case of very serious actual or potential damage and (2) clear evidence of the defendants being in the possession of “vital material which they might destroy or dispose of to defeat the ends of justice before an application inter partes may be made”.
The Court of Appeal held that in very exceptional circumstances such an application may be made ex parte (in the absence of the defendants).
Sydney, Australia
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