Jones Lang LaSalle (NSW) Pty Ltd v Taouk [2012] NSWCA 342 (24 October 2012)
http://www.austlii.edu.au/au/cases/nsw/NSWCA/2012/342.html NEGLIGENCE – duty of care – plaintiff slipped on grease on surface of car park – escaped from grease trap under control of building manager –...
View ArticleR v Barbaro [2012] NSWSC 1310 (26 October 2012)
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2012/1310.html Criminal Law – bail – manufacture not less than commercial quantity of prohibited drug – whether bail should not be refused
View ArticleCoregas Pty Limited v Penford Australia Pty Limited [2012] NSWCA 350 (1...
http://www.austlii.edu.au/au/cases/nsw/NSWCA/2012/350.html TORT – negligence – employee injured manoeuvring a large gas cylinder down a ramp – employee successful in claim against employer – claim for...
View ArticleMaestrale v Aspite [2012] NSWSC 1420 (8 November 2012)
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2012/1420.html PROFESSIONAL NEGLIGENCE – solicitor obtained instructions for preparation of new will by plaintiff’s father – change to testamentary...
View ArticlePotts v R [2012] NSWCCA 229 (9 November 2012)
http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2012/229.html CRIMINAL LAW – appeal against conviction – murder – appellant kills woman in 2008 – appellant previously convicted of manslaughter of father...
View ArticleNorman v R [2012] NSWCCA 230 (9 November 2012)
http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2012/230.html CRIMINAL LAW – appeal against conviction – three counts of sexual intercourse without consent s 61I Crimes Act 1900 – whether trial judge...
View ArticleJohnston v The Queen [2012] VSCA 271 (9 November 2012)
http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/vic/VSCA/2012/271.html CRIMINAL LAW – Appeal – Conviction – Whether trial judge misdirected jury regarding application of principles of acting in...
View ArticlePerpetual Trustees Company Ltd v. Papantoniou [2012] NSWSC 1415 (12 November...
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2012/1415.html EVIDENCE – whether evidence relevant
View ArticleHudspeth v Scholastic Cleaning and Consultancy Services Pty Ltd & Ors (Ruling...
http://www.austlii.edu.au/au/cases/vic/VSC/2012/555.html EVIDENCE – Expert Evidence – Admissibility of engineer’s report in jury action for damages for personal injury – Whether expert has complied...
View ArticleR v Leung [2012] NSWSC 1451 (14 November 2012)
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2012/1451.html CRIMINAL LAW – evidence – admissions made in course of mental health assessment at police station – protected confidence – s 90 Evidence Act...
View ArticleRegistrar of Aboriginal and Torres Strait Islander Corporations v Ponto...
http://www.austlii.edu.au/au/cases/cth/FCA/2012/1500.html PRACTICE AND PROCEDURE – admissibility of evidence – transcripts of examinations conducted pursuant to s 453-5(1)(c) Corporations (Aboriginal...
View ArticleR v Munro [2013] ACTSC 14 (14 January 2013)
http://www.austlii.edu.au/au/cases/act/ACTSC/2013/14.html CRIMINAL LAW – jurisdiction, practice and procedure – ex parte application to publish evidence of a witness examined by the Australian Crime...
View ArticleR v Tamayo-Del Solar [No 2] [2013] ACTSC 4 (15 January 2013)
http://www.austlii.edu.au/au/cases/act/ACTSC/2013/4.html CRIMINAL LAW – jurisdiction, practice and procedure – trial by judge alone – offence of act of indecency with young person – no question of...
View ArticleGluyas v Best [2013] VSC 3 (24 January 2013)
http://www.austlii.edu.au/au/cases/vic/VSC/2013/3.html DEFAMATION – Internet publications – Undefended trial – Whether material published in Victoria – Whether defamatory – Imputations – Damages.
View ArticleWeeks v Commissioner of Taxation [2013] FCAFC 2 (25 January 2013)
http://www.austlii.edu.au/au/cases/cth/FCAFC/2013/2.html TAXATION – appeal from primary judge dismissing appeal from Administrative Appeals Tribunal – whether termination payment was a “genuine...
View ArticleStreetscape Projects (Australia) Pty Ltd v City of Sydney [2013] NSWCA 2 (1...
http://www.austlii.edu.au/au/cases/nsw/NSWCA/2013/2.html EQUITY – fiduciary duty – fact-based fiduciary duty – where plaintiff granted to defendant a licence to exploit technology – finding of breach...
View ArticleR v Edwin [2013] ACTSC 6 (4 February 2013)
http://www.austlii.edu.au/au/cases/act/ACTSC/2013/6.html CRIMINAL LAW – EVIDENCE – Tendency Evidence – Crown application to adduce – Evidence capable of establishing tendencies – Probative value of the...
View ArticleDouglass v The Queen [2012] HCA 34 (11 September 2012)
http://www.austlii.edu.au/au/cases/cth/HCA/2012/34.html Criminal law – Evidence – Trial by judge alone – Appellant convicted of aggravated indecent assault of granddaughter (“CD”) – CD aged three years...
View ArticleP G v The Queen [2013] VSCA 9 (6 February 2013)
http://www.austlii.edu.au/au/cases/vic/VSCA/2013/9.html CRIMINAL LAW – Appeal – Conviction – Multiple counts of indecent assault and sexual penetration of a child under 10 years – Complainants the...
View ArticleDirector, Office of the Fair Work Building Industry Inspectorate v...
http://www.austlii.edu.au/au/cases/cth/FCAFC/2013/8.html EVIDENCE – Cumulative effect of evidence – whether trial judge failed to consider cumulative effect of three witnesses’ evidence prior to...
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