The applicant appealed a decision of North Sydney Council to refuse an application for the modification of a development consent relating to a duplex at 9 Wonga Road, Cremorne.
The court upheld the appeal, allowing for the modification of the consent.
The applicant appealed a decision of North Sydney Council to refuse an application for the modification of a development consent relating to a duplex at 9 Wonga Road, Cremorne.
The court upheld the appeal, allowing for the modification of the consent.
The Full Court of the Supreme Court of South Australia had held that in 2010, a man could be guilty of raping his wife in 1963. PGA appealed this decision on the grounds that it was not until 1991, when the High Court decided in R v L (1991) 174 CLR 379, could a man be guilty of raping his wife because, up until then the common law in Australia was that pronounced by Sir Matthew Hale in 1736 that upon marriage a wife gave her irrevocable consent to sexual intercourse.
The High Court in PGA v The Queen dismissed the appeal, holding that the marital exemption to rape, if it ever applied in Australia, had ceased to be part of Australian law by 1963 because Australian legislation concerning divorce, voting and property by that time had gone against Hale’s proposition.
Peter O’Grady BA, LLB, Grad Cert Leg Prac, Acc Spec Lawyer
ON THIS DAY in 2012, the High Court of Australia delivered Australian Securities and Investments Commission v Hellicar & Ors [2012] HCA 17 (3 May 2012).
The non-executive directors of James Hardie Industries Limited named in these proceedings were held to have breached their duties as directors by approving the release of a misleading announcement to the Australian Stock Exchange regarding the funds to be made available for the payment of asbestos related injury and death claims following a restructure sending the company offshore.
ON THIS DAY in 2012, the Commonwealth Parliament passed the Intellectual Property Laws Amendment (Raising the Bar) Act 2012. Most of the Act commenced on 15 April 2013.
The Act reforms Australian intellectual property law. It amends the Patent Act 1990, Copyright Act 1968, Trade Marks Act 1995, Designs Act 2003 and Plant Breeder’s Rights Act 1994.
The bar has indeed been raised for patent entitlement whilst patent protection has been strengthened. The Act also introduces a raft of procedural and jurisdictional reforms.