Earlier this week the NSW Court of Appeal in Resource Pacific Pty Ltd v Wilkinson [2103] NSWCA 33 considered the question of the adequacy of judicial reasons for judgment. The following is [...]
Blog posts categorised
Case NotesM A v The Queen
Yesterday the Victorian Court of Appeal handed down a decision on the qualification of psychiatrists to give expert evidence as to the common behaviour of child victims of sexual abuse within families [...]
The Cost of Changing its Stripes
A $110,000 infringement notice payment might represent only a fraction of the real cost to Tiger Airways of addressing its recent Spam Act breaches. In December 2011, the Australian Communications & Media Authority (ACMA) commenced [...]
Termination of Weekly Payments – The 60 Day Dilemma
Termination of Weekly Compensation – The 60 Day Dilemma! by Sandra Taglieri Frequently, lawyers [...]
Setting Aside Deeds of Company Arrangements.
SETTING ASIDE DEEDS OF COMPANY ARRANGEMENTS UNDER CORPORATIONS ACT S.447A by Peter Tree SC A. OVERVIEW AND SUMMARY 1. The Corporations Act provides for specific instances in which a deed of company [...]
General Principles Appeals on Damages Pt 6
General Principles Appeals on Damages – Part 6 by Craig Hobbs POTTS V FROST – FULL COURT – CONTINGENCIES It is trite to say that when assessing future components of a [...]
How Is FWA Trending on Social Network Misconduct?
OMG! Dad’s on Facebook!! There is often a temptation to over-analyze dismissal decisions handed down by Fair Work Australia. That is not to underestimate their significance. But they are often so highly [...]
Specific Not Global Provisions May Be What’s Called For When Protecting Confidential Information
“A failure to identify [confidential information] with sufficient specificity may make it difficult, if not impossible, for the court to conclude that the defendant has misused, or threatens to misuse, that information.” [...]
Just Because You Can..
Seventy percent of what we do is common sense. Twenty percent of it is uncommon sense; and ten percent is nonsense! The trick is to rely on the 70% and the 20% [...]
The Emperor’s New Clothes: A suit that leaves too much exposed!
But he isn’t wearing anything at all,” said a little child. “Dear God, listen to the voice of innocence,” his father said, and each person whispered to the other what the child [...]