Cherdchoochatri v R [2013] NSWCCA 118 (20 May 2013)
http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2013/118.html CRIMINAL LAW – appeal – sentencing – severity – plea of guilty – import marketable quantity of border controlled drug (heroin) – whether...
View ArticleReliance Financial Services (NSW) Pty Ltd v Abdallah [2013] NSWCA 125 (20 May...
http://www.austlii.edu.au/au/cases/nsw/NSWCA/2013/125.html CONTRACT – construction – loan agreements – whether loan agreements were intended to be operative in accordance with their terms – whether...
View ArticleR v King [2013] ACTCA 23 (20 May 2013)
http://www.austlii.edu.au/au/cases/act/ACTCA/2013/23.html EVIDENCE – similar facts – sexual offences –tendency and coincidence evidence – whether relevant to the issue of abuse of position of authority...
View ArticlePratten v Commonwealth Director of Public Prosecutions [2013] NSWSC 594 (21...
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/594.html ADMINISTRATIVE LAW – jurisdiction of the Supreme Court under s 39B of the Judiciary Act – discussion of motion in arrest of judgment –...
View ArticleMatthews v SPI Electricity & Ors (Ruling No 24) [2013] VSC 269 (22 May 2013)
http://www.austlii.edu.au/au/cases/vic/VSC/2013/269.html EVIDENCE – Expert opinion evidence based on specialised knowledge – Admissibility – Status of the “Basis rule” – Dasreef Pty Ltd v Hawchar –...
View ArticleR v XY [2013] NSWCCA 121 (22 May 2013)
http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2013/121.html APPEAL – criminal – Director’s right of appeal against ruling on admissibility of evidence – whether exclusion of evidence substantially...
View ArticleCaporale v Deputy Commissioner of Taxation (No 2) [2013] FCA 473 (23 May 2013)
http://www.austlii.edu.au/au/cases/cth/FCA/2013/473.html BANKRUPTCY AND INSOLVENCY – appeal from Federal Circuit Court – sequestration order made on creditor’s petition – District Court judgment for...
View ArticleCollege of Law Limited v Australian National University [2013] FCA 492 (23...
http://www.austlii.edu.au/au/cases/cth/FCA/2013/492.html PRACTICE AND PROCEDURE – discovery – whether discovery should be ordered in respect of categories pursuant to r 20.16 of the Federal Court Rules...
View ArticleMcDonald v The Queen [2013] VSCA 128 (27 May 2013)
http://www.austlii.edu.au/au/cases/vic/VSCA/2013/128.html CRIMINAL LAW – Application for leave to appeal against conviction – Applicant convicted of one count of murder – Victim was the Applicant’s...
View ArticleThaler v Amzalak [2013] NSWSC 632 (27 May 2013)
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/632.html ARBITRATION – award – enforcement of an arbitral award – arbitral award made by Beth Din in Zablo – summons seeking leave to enforce award –...
View ArticleR v Stanley [2013] NSWCCA 124 (28 May 2013)
http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2013/124.html CRIMINAL LAW -Crown appeal-order for trial by judge alone- whether discretion miscarried; CROWN APPEAL- order for trial by judge alone-...
View ArticleKing v Chief of Navy [2013] ADFDAT 3 (28 May 2013)
http://www.austlii.edu.au/au/cases/cth/ADFDAT/2013/3.html DEFENCE – Convictions relating to receipt of rental and other allowances – whether Judge Advocate erred in direction to panel about whether...
View ArticleJacobs v R [2013] NSWSC 633 (23 May 2013)
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/633.html EVIDENCE – production of documents – application to be excused from producing documents – client legal privilege – police seeking advice from...
View ArticleCoshott v Burke [2013] FCA 513 (27 May 2013)
http://www.austlii.edu.au/au/cases/cth/FCA/2013/513.html EVIDENCE – Federal Court Rule 2011 (Cth) 24.20(6) – documents produced under subpoena – objection to inspection by a party – section 131(1) and...
View ArticleCommissioner of the Australian Federal Police v Mulder [2013] NSWSC 621 (29...
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/621.html CIVIL LAW – examination orders pursuant to Proceeds of Crime Act (Cth) – whether examination order should be stayed because of pending...
View ArticleSK Foods LP v SK Foods Australia Pty Limited (in Liquidation) (No 3) [2013]...
http://www.austlii.edu.au/au/cases/cth/FCA/2013/526.html PRACTICE AND PROCEDURE – application for summary judgment – decision of United States Bankruptcy Court – doctrine of res judicata PRACTICE AND...
View ArticleZmak v TCB Trans Pty Ltd [2013] VSC 310 (17 June 2013)
http://www.austlii.edu.au/au/cases/vic/VSC/2013/310.html ADMINISTRATIVE LAW – Judicial review – Occupational Health and Safety prosecution – Committal proceedings – Witness summons – Summons to produce...
View ArticleFeridun Akcan v Gabriel Cross [2013] NSWSC 802 (12 June 2013)
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/802.html PARTNERSHIP – whether the plaintiff was a one third partner with the defendants – whether the partnership terminated – quantum of profit share...
View ArticleAustralian Competition and Consumer Commission v Pepe’s Ducks Ltd [2013] FCA...
http://www.austlii.edu.au/au/cases/cth/FCA/2013/570.html TRADE PRACTICES – Misleading and deceptive conduct – False and misleading representations as to standard and quality of duck meat products...
View ArticleClavel v Savage [2013] NSWSC 775 (14 June 2013)
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/775.html TORT – malicious prosecution – collateral abuse of process – intentional infliction of emotional distress – discussion of elements and...
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