Day

April 22, 2010
Tabet v Gett [2010] HCA 12 (21 April 2010) Whilst all their Honours dismissed the appeal, the decision was not unanimous (as is becoming the norm) however, with the exception of Gummow ACJ, the balance agreed with Kiefel J. The issue to be determined was whether a claim in negligence having failed in breach of...
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By Lawyers Weekly Robert McClelland’s backdown from the national Human Rights Act is “yet another humiliation for the lame duck Attorney-General”, according to Senator George Brandis SC. Read more
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Health World Ltd v Shin-Sun Australia Pty Ltd [2010] HCA 13 (21 April 2010)   The issue in contention concerned the interpretation of the standing of an “aggrieved person” or “person aggrieved” in sections 88(1)  and 92(1) of the Trade Marks Act 1995 (Cth). In allowing the appeal their Honours FRENCH CJ, GUMMOW, HEYDON AND BELL...
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Nooteboom v Ernest Henry Mining Pty Ltd [2010] QSC 106 The applicant sought to extend the limitation period to cover an ‘over period of time’ psychiatric injury. The ‘material fact of a decisive nature’ relied upon was the decision of Industrial Magistrate  Tonkin delivered on 2 February 2009, overturning Q-COMP’s decision and accepting the injury...
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