Casenotes

Casenotes

Practitioner’s passport to public reprimand

Council of the Law Society of New South Wales v DRE [2021] NSWCATOD 4

, Janelle Linato

Casenotes

Consumer law – Australian Consumer Law – statutory guarantees – unconscionable conduct – misleading or deceptive conduct

Australian Competition and Consumer Law v Jayco Corporation Pty Ltd [2020] FCA 1672

, Dan Star QC

Casenotes

Property – High Court sets aside stay order – Full Court misapplied res judicata and Anshun estoppel

Clayton v Bant [2020] HCA 44

, Robert Glade-Wright

Casenotes

Costs – husband wins appeal of costs order – wife’s settlement offer did not conclude all matters in issue

Paradin [2020] FamCAFC 245

, Robert Glade-Wright

Casenotes

Solicitor disciplined over failure to obtain opponent’s consent for court communication

Legal Services Commissioner v Rosen LPC 01/2020

, Lauren Bicknell

Casenotes

Children – single expert – general child and family psychiatrist preferred over specialist perinatal psychiatrist

Lambard & Lambard and Ors (No.2) [2020] FamCA 858

, Robert Glade-Wright

Casenotes

Property – wife fails in her attempt to have a related company pay partial property settlement

Russo and Russo & Ors [2020] FCWA 182

, Robert Glade-Wright

Casenotes

Criminal practice – directions to jury

GBF v The Queen [2020] HCA 40

, Dr Michelle Sharpe

Casenotes

Real property – Torrens system

Deguisa v Lynn [2020] HCA 39

, Dr Michelle Sharpe

Casenotes

Overlooked defence leads to disciplinary action

Legal Services Commissioner v Corbin LPC 01/2020 (1 December 2020)

, Lauren Bicknell

Casenotes

Lawyer learns vindictiveness has no place in court

Law Society of BC v Edwards, [2020] LSBC 57

, Lauren Bicknell

Casenotes

QCAT president strikes off Gold Coast criminal lawyer jailed for drug trafficking

A former Gold Coast criminal lawyer has been struck off after numerous serious crimes.

, Tony Keim

Casenotes

Administrative law – migration – cancellation of visa under s501(3A) of the Migration Act (Cth) on character grounds – judicial review – requirement for decision-maker to engage in an ‘honest confrontation’ with the consequences of removal

Swannick v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 165

, Anthony Lo Surdo SC, Theresa Power

Casenotes

Corporations – financial services and markets – whether defendants were carrying on a financial services business by issuing financial products – whether loan agreements were financial products

ASIC v Secure Investments Pty Ltd (No.2) [2020] FCA 1463

, Anthony Lo Surdo SC, Theresa Power

Casenotes

Practice and procedure – freezing order extending to assets overseas – whether enforcement of Australian judgment in foreign jurisdiction needs to be a ‘realistic possibility’ or ‘not impossible’

Huang v Deputy Commissioner of Taxation [2020] FCAFC 141

, Anthony Lo Surdo SC, Theresa Power

Casenotes

Native title – delegation of functions – delegation and agency – what’s the difference? Quite a lot according to Nettle and Edelman JJ

Northern Land Council & Anor v Quall & Anor [2020] HCA 33

, Dr Michelle Sharpe

Casenotes

Property – treatment of deed of gift – majority of High Court reaffirms wide discretion of trial judge

Hsiao v Fazarri [2020] HCA 35

, Robert Glade-Wright

Casenotes

Appeal – consent orders cannot be appealed on the merits – father sought to withdraw his consent

Melville (No.3) [2020] FamCAFC 231

, Robert Glade-Wright

Casenotes

Children – medical procedures – gender dysphoria – adolescent found to be Gillick competent

Re: Imogen (No.6) [2020] FamCA 761

, Robert Glade-Wright

Casenotes

Children – risk assessment at interim hearing – mother could not cope with cost of professional supervision

Canfeld & Falkins [2020] FCCA 2570

, Robert Glade-Wright

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New Legal Aid Queensland CEO appointed

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Ceremony to welcome practitioners admitted on the papers, May-June 2020

Profession updates

Corrective Services updates prison visitation

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In business

The many hats of Sir Samuel Griffith–exhibition tours and curator talks

Outside the law

IWD21: It’s not just a ‘female conversation’

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Casenotes

Practitioner’s passport to public reprimand

Consumer law – Australian Consumer Law – statutory guarantees – unconscionable conduct – misleading or deceptive conduct

Property – High Court sets aside stay order – Full Court misapplied res judicata and Anshun estoppel

Costs – husband wins appeal of costs order – wife’s settlement offer did not conclude all matters in issue

Solicitor disciplined over failure to obtain opponent’s consent for court communication

Children – single expert – general child and family psychiatrist preferred over specialist perinatal psychiatrist

Property – wife fails in her attempt to have a related company pay partial property settlement

Criminal practice – directions to jury

Real property – Torrens system

Overlooked defence leads to disciplinary action

Lawyer learns vindictiveness has no place in court

QCAT president strikes off Gold Coast criminal lawyer jailed for drug trafficking

Administrative law – migration – cancellation of visa under s501(3A) of the Migration Act (Cth) on character grounds – judicial review – requirement for decision-maker to engage in an ‘honest confrontation’ with the consequences of removal

Corporations – financial services and markets – whether defendants were carrying on a financial services business by issuing financial products – whether loan agreements were financial products

Practice and procedure – freezing order extending to assets overseas – whether enforcement of Australian judgment in foreign jurisdiction needs to be a ‘realistic possibility’ or ‘not impossible’

Native title – delegation of functions – delegation and agency – what’s the difference? Quite a lot according to Nettle and Edelman JJ

Property – treatment of deed of gift – majority of High Court reaffirms wide discretion of trial judge

Appeal – consent orders cannot be appealed on the merits – father sought to withdraw his consent

Children – medical procedures – gender dysphoria – adolescent found to be Gillick competent

Children – risk assessment at interim hearing – mother could not cope with cost of professional supervision

Latest

New Legal Aid Queensland CEO appointed

Ceremony to welcome practitioners admitted on the papers, May-June 2020

Corrective Services updates prison visitation

Chief Justice: Merged FCC and Family Court can be world-leading family law system

The many hats of Sir Samuel Griffith–exhibition tours and curator talks

IWD21: It’s not just a ‘female conversation’

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The language of ability

Appointment of a single expert in the Supreme Court

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