In practice

Casenotes

Trespass – admissibility of evidence

Roy v O’Neill [2020] HCA 45

, Dr Michelle Sharpe

Casenotes

Res judicata – foreign divorce

Clayton v Bant [2020] HCA 44

, Dr Michelle Sharpe

Casenotes

Costs in merits reviews? Don’t count on it

Tribunal success doesn’t mean the decision was ‘wrong’, or that costs will follow.

, Shane Budden

In practice

Conflicts of Interest: What process & policies do you have in place?

Casenotes

Consumer law and practice and procedure – unfair contract terms – summary dismissal application – whether finding that terms are unfair is possible without identifying particular contracts between identified parties

Australian Competition and Consumer Commission v Fuji Xerox Australia Pty Ltd [2021] FCA 153

, Dan Star QC

Casenotes

Barrister’s sexual harassment of junior solicitor found to be unsatisfactory conduct

, Meagan Liu

Casenotes

Equity and human rights – discrimination and sexual harassment allegations – claim of vicarious liability of the Commonwealth – whether the Commonwealth restrained from unconscientious reliance on legal rights based on general words in deed of release

Leach v Commonwealth of Australia [2021] FCA 158

, Dan Star QC

Casenotes

Evidence – admissibility of prior written statements

Australian Building and Construction Commissioner v Albert [2021] FCA 168

, Dan Star QC

Casenotes

‘Barrister’ follows dishonest path to practise in NSW

If you fail the Bar exam in NSW, obtaining a practising certificate elsewhere is a dishonest approach to NSW practice.

, Janelle Linato

Casenotes

Property – interim order compelling parties to pay mortgage outgoings set aside – proximity of the parties’ mediation irrelevant

Fei & Woong [2021] FamCAFC 2

, Craig Nicol, Keleigh Robinson

Casenotes

Property – wife appointed co-director of corporate trustees to neutralise debate as to disclosure

Hui & Bai [2021] FamCA 6

, Craig Nicol, Keleigh Robinson

Casenotes

Children – parental capacity not always impacted where concerns held on child’s safety in other parent’s care

Keane [2021] FamCAFC 1

, Craig Nicol, Keleigh Robinson

Casenotes

Children – mother’s evidence of violence between father and his ex-wife lacked probative value and admission would waste time

England & Harrisson [2020] FamCA 1083

, Craig Nicol, Keleigh Robinson

Tribunal matters

When should I appeal a QCAT decision?

Unlike its Victorian counterpart, QCAT offers an internal appeal process. For practitioners and their clients, an understanding of the process is essential.

, Bevan Hughes

Succession law

‘For, to define true madness’*

Given today's medical advances and our current understanding of mental capacity, should we continue to rely on a '150-year-old' test of testamentary capacity?

, Christine Smyth