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High Court
In brief: The High Court recently handed down its decision in Attorney-General (NT) v Emmerson. Partner Peter O’Donahoo (view CV), Senior Associate Tim Maxwell and Lawyer Simone Kaser review the decision with respect to the court’s analysis of the limits on Commonwealth and Territory legislative power under the doctrine of separation of powers and the ‘just terms’ guarantee....
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Taylor v The Owners – Strata Plan 11564 [2014] HCA 9 I refer you to the judgment summary. David Cormack – Brisbane Barrister.
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Boral Bricks Pty Ltd v Cosmidis; Boral Bricks Pty Ltd v DM & BP Wiskich Pty Ltd [2013] NSWCA 443   Basten JA:   47 …. generally speaking, however, forewarning of objection should be given, particularly in circumstances where, if the objection were meritorious, there might be an opportunity to rectify the deficiency, prior to...
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Electricity Generation Corporation v Woodside Energy Ltd [2014] HCA 7   FRENCH CJ, HAYNE, CRENNAN AND KIEFEL JJ.   35. Both Verve and the Sellers recognised that this Court has reaffirmed the objective approach to be adopted in determining the rights and liabilities of parties to a contract. The meaning of the terms of a...
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Barbaro v The Queen; Zirilli v The Queen [2014] HCA 2 (12 February 2014)   The appellant submitted the sentence was unfair because the judge refused to hear submissions as to sentence from the prosecution. The plea had been previously entered on the basis of the range of sentence discussed with the prosecution. The High...
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Hunt & Hunt Lawyers v Mitchell Morgan Nominees Pty Ltd [2013] HCA 10 (3 April 2013) I refer you to the judgment summary and the plurality of the court in relation to causation:  43. The proper identification of damage should usually point the way to the acts or omissions which were its cause. Causation is...
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Expense Reduction Analysts Group Pty Ltd v Armstrong Strategic Management and Marketing Pty Limited [2013] HCA 46 (6 November 2013) I refer you to the summary of judgment. Brisbane Barrister – David Cormack
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Comcare v PVYW [2013] HCA 41 I refer to my earlier posting. The High Court has now allowed the appeal of Comcare. I refer you to the judgment summary. Brisbane Barrister – David Cormack
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Magaming v The Queen [2013] HCA 40 (11 October 2013) I refer you to the judgment summary wherein the High Court dismissed the appeal that it was unconstitutional to impose a mandatory 5 year custodial sentence. Brisbane Barrister – David Cormack
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Akiba on behalf of the Torres Strait Regional Seas Claim Group v Commonwealth of Australia [2013] HCA 33 (7 August 2013)   I refer you the High Court judgment summary.   David Cormack – Brisbane Barrister.
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