R v Gittany (No 3) [2013] NSWSC 1670 (13 November 2013)
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/1670.html CRIME – evidence – where accused served notice of intention to call evidence that deceased had a tendency to act in a particular way – call...
View ArticleNovartis Pharmaceuticals Australia Pty Ltd v Bayer Australia Limited (No 2)...
http://www.austlii.edu.au/au/cases/cth/FCA/2013/1201.html EVIDENCE – legal professional privilege – whether implied waiver EVIDENCE – whether paragraph of affidavit admissible -whether probative value...
View ArticleMatthews v SPI Electricity Pty Ltd & Ors (No 8) [2013] VSC 628 (19 November...
http://www.austlii.edu.au/au/cases/vic/VSC/2013/628.html PRACTICE AND PROCEDURE – Subpoenas to independent experts – Inspection of documents – Client legal privilege – Express waiver of privilege in...
View ArticleTrackcorp Adrenalin Pty Ltd v Bathurst Regional Council (No 2) [2013] NSWSC...
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/1701.html EVIDENCE – client legal privilege – waiver – loss of privilege in legal advice due to voluntary disclosure of substance of advice – whether...
View ArticleTrackcorp Adrenalin Pty Ltd v Bathurst Regional Council [2013] NSWSC 1699 (19...
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/1699.html EVIDENCE – client legal privilege – waiver – whether party acted inconsistently with objecting to evidence of instructions given to lawyers –...
View ArticleWright v Optus Administration & Anor (No 4) [2013] NSWSC 1716 (12 November 2013)
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/1716.html EVIDENCE – admissibility of question
View ArticleWright v Optus Administration & Anor (No 5) [2013] NSWSC 1717 (12 November 2013)
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/1717.html EVIDENCE – admissibility – Part 3.4 Evidence Act 1995 (NSW) – s87 – whether statement of witness contains admissions – whether statement...
View ArticleCharara v Grewal & Wilden [2013] NSWSC 1724 (15 November 2013)
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/1724.html PROCEDURE AND EVIDENCE – claim inadequately pleaded – reasonable request to inspect documents – failure to comply with request – application...
View ArticleChoudhary v The Queen [2013] VSCA 325 (21 November 2013)
http://www.austlii.edu.au/au/cases/vic/VSCA/2013/325.html CRIMINAL LAW – Appeal – Conviction – Sexual penetration of child under 16, indecent act with child under 16 – Convicted on four charges,...
View ArticleHannaford v The Royal Society for the Prevention of Cruelty to Animals NSW...
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/1708.html PROCEDURE – notice of motion – legal professional privilege – documents – s 118, s 119 Evidence Act – whether documents disclosed – some...
View ArticleInternational Skin Care Suppliers Pty Ltd v Commonwealth Bank of Australia;...
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/1768.html FINANCIAL SERVICES – ss 12CA and 12DA of the Australian Securities and Investments Commission Act 2001 (Cth) – whether bank misleadingly or...
View ArticleBHP Coal Pty Ltd v Construction, Forestry, Mining and Energy Union [2013] FCA...
http://www.austlii.edu.au/au/cases/cth/FCA/2013/1291.html INDUSTRIAL LAW – applicant operates mine in central Queensland – second, third, fourth and fifth respondents senior officials of first...
View ArticleHume v Patterson [2013] NSWSC 1203 (30 August 2013)
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/1203.html TORTS – negligence – plaintiff suffered catastrophic injury while participating in sport of wakeskating – determination of liability as...
View ArticleDPP v Campbell & Ors (Ruling No 1) [2013] VSC 665 (25 October 2013)
http://www.austlii.edu.au/au/cases/vic/VSC/2013/665.html CRIMINAL LAW – Evidence – Tendency – Accused charged with accessory after fact to murder – Co-accused charged with murder – Accused relying on...
View ArticlePeter Vitek & Anor v Estate Homes Pty Ltd & Ors [2013] NSWSC 1805 (30 October...
http://www.austlii.edu.au/au/cases/nsw/NSWSC/2013/1805.html EVIDENCE – whether evidence of a witness for the plaintiffs about what was said between himself and the first defendant in the presence of...
View ArticleCol v R [2013] NSWCCA 302 (3 December 2013)
http://www.austlii.edu.au/au/cases/nsw/NSWCCA/2013/302.html CRIMINAL LAW – appeal against conviction – offence of causing grievous bodily harm with intent to cause grievous bodily harm – appellant...
View ArticleEwin v Vergara (No 3) [2013] FCA 1311 (5 December 2013)
http://www.austlii.edu.au/au/cases/cth/FCA/2013/1311.html HUMAN RIGHTS – discrimination – sexual harassment – employee alleged she was verbally and physically sexually harassed by a contract worker...
View ArticleSexton v Homer [2013] NSWCA 414 (5 December 2013)
http://www.austlii.edu.au/au/cases/nsw/NSWCA/2013/414.html APPEAL – challenge to findings of fact – challenge to contingent finding of contributory negligence – retrial required EVIDENCE – client legal...
View ArticleAustralian Competition and Consumer Commission v Flight Centre Limited (No 2)...
http://www.austlii.edu.au/au/cases/cth/FCA/2013/1313.html TRADE PRACTICES – anti-competitive arrangements – whether the respondent travel agent attempted to induce specified Airlines to make collusive...
View ArticleBurke v The Queen [2013] VSCA 351 (6 December 2013)
http://www.austlii.edu.au/au/cases/vic/VSCA/2013/351.html CRIMINAL LAW – Appeal against conviction – Appellant found guilty on five counts of sexual penetration of child under 16 – Jury question about...
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