Cases and authorities

LEGAL PRACTITIONERS - costs agreement - "billing arrangements".

On appeal from Master - negligence - duty of care - police officer - summary dismissal

ELECTIONS - registration of parties - conditions to be fulfilled - judicial review of decision of Electoral Commissioner - whether registration can be effected retrospectively - whether retrospective amendment of date of registration can be made.

Criminal law - murder - plea of guilty - application to withdraw plea - pressures on accused person such that integrity of plea impugned.

EVIDENCE [52] - Admissibility and relevancy - Hearsay - Statements - Other statements - Admission in respect of the case of a third party - Consent of third party - What constitutes consent.

PROCEDURE [484] - Judgments and orders - Amending, varying and setting aside - Ex parte orders and judgments - Final orders after ex parte trial - Whether orders should be set aside.

CONVEYANCING - power of attorney - whether authority can be terminated orally - "notice" under s 162 of the Conveyancing Act AGENCY - ostensible authority - when person dealing with attorney under power is put on inquiry RESTITUTION - money had and received and money paid - whether cause of action in unjust enrichment - where A pays C who applies payment to repay supposed debt owed by B to C - whether A has restitutionary claim against B

Separate determination - disability - insurance policy - non-disclosure

Criminal Law - murder - fitness to plead

CORPORATIONS - management and administration - obligation of company to circulate to members a Members' Statement about a resolution proposed to be moved at a general meeting - exception to that obligation of a statement which is defamatory - meaning of "defamatory" - whether Court can or should sever non-defamatory parts - STATUTES - ACTS OF PARLIAMENT - interpretation - section 249P Corporations Act 2001

Lengthy relationship - nature of contributions - no financial contributions by plaintiff - significant non financial contributions - parenting and homemaker role - nature of assets - broad definition of property - maintenance - factors determining an application - extent of courses or programmes.

CRIMINAL LAW - murder - juvenile - plea of guilty - murder of child.

Practice and Procedure - Leave to amend - Function of pleadings and particulars - Pleadings to state case of the party propounding the pleadings with sufficient clarity to permit the other party to meet the case - Transparency of reasoning processes/use of language

Criminal Law - appeal against severity of sentence - fraudulent misappropriation - where applicant pleaded guilty - where applicant cooperated with authorities - whether reimbursement by third party is a relevant consideration - how "fresh evidence" is to be taken into account on a sentencing appeal

Murder - conviction appeal - adequacy of directions - defence case of intoxication and mental disturbance - whether risk that jury only considered intoxication - appeal dismissed

CRIMINAL LAW: Application for leave to appeal against sentence - offences of armed robbery and break enter and steal - further offences on a Form 1 - no question of principle.

dangerous driving causing death - dangerous driving causing grievous bodily harm - s52A(1) and (3) Crimes Act 1900 - test when determining dangerous driving - distinction between negligence and dangerous driving - no onus of proof on accused

No question of principle

Roof in the course of being repaired after hail damage collapsed - whether Metal Deck Roofing who stacked sheets of building material were responsible - method of calculating loss of goodwill as a result of business interruption - apportionment - whether factual findings as to placement of load which caused roof to collapse should have resulted in a different apportionment - appeal dismissed with costs.

Court of Appeal - practice and procedure - security for costs

Family Provision Act - only child - charities main beneficiaries - medical condition - conduct - mutual support - pensioner - no assets - small estate - provision during lifetime.

Criminal Law - sentencing - murder

COMMERCIAL - arbitration - appeal from an award of arbitrator - construction of contract - contract provided for the payment of a guaranteed amount and exceptional circumstances - whether the exceptions clause was ambiguous - whether clause was "universal negative" or "negative universal"

Appeal from panel - function of panel - failure to correct error of law - discretionary power to determine that interest is not payable.

CONTRACT [90] - General contractual principles - Illegal and void contracts - Contracts illegal by statute - General principles - Nature of statutory prohibition - Entry into contract prohibited - ESTOPPEL [35] - Estoppel in pais - Matters against which estoppel does not prevail - Statutory provisions - Statute representing social policy for protection of section of public - REAL PROPERTY [440] - Strata titles - Body corporate - Management and control - Managing agent must be licensed - Whether agreement appointed "managing agent".

PROCEDURE - Supreme Court procedure - striking out of irrelevant or otherwise oppressive matter in an affidavit - availability of power under Supreme Court Rules Part 38 Rule 8 to achieve, in proceeings brought by summons, the same effect as summary dismissal of a defence which does not deserve to go to trial - availability of power under Part 38 Rule 8 Supreme Court Rules to strike out material quite clearly incapable of affecting the probability of any fact in issue in the proceedings

CRIMINAL LAW - Murder - pleas of not guilty - jury verdict of guilty - Sentence - gang members - drug dealing.

CORPORATIONS - meetings - whether certain resolutions proposed to be moved by members be declared to be invalid - Corporations Act 2001 s249N

CORPORATIONS - winding up - remuneration of court appointed liquidator - creditor/contributory alleges breach of duty by liquidator - whether fixing of remuneration is occasion for assessment of such claims - procedure for determining remuneration and any impact of such claims thereon

Criminal Law - sentencing - murder

CROSS-VESTING - Industrial Commission of New South Wales - proceedings alleging that contract unfair - whether jurisdiction to cross-vest - "State matters" - non-judicial power. - CROSS-VESTING - Industrial Commission of New South Wales - proceedings alleging that contract unfair - exercise of discretion to cross-vest - whether in interests of justice to cross-vest - senior executive - forensic advantage - expense - overlap between proceedings - Victorian Supreme Court only court able to deal with all issues between parties. - "D"

CRIMINAL LAW - sexual offences - interlocutory appeal - application for permanent stay - abuse of process - delay.

CRIMINAL LAW - EVIDENCE - Circumstantial evidence - Tendency evidence - Probative value and prejudical effect.

Damages for negligence in respect of employment - any evidence that the appellant's failure or omission to provide counselling for the worker or materially contributed to his psychological injury.

NEGLIGENCE - child struck on pedestrian crossing - conflict of evidence - failure of trial Judge to make findings - insufficient reasons - acceptance of one account of plaintiff over an inconsistent account

AGENCY - hearsay representation by agent - not representation as to truth of statement - estate agents incorporate copy of incorrect survey diagram in brochure - COSTS - unnecessary charge of fraud which fails - plaintiff to pay costs of issue of fraud - MISREPRESENTATION - hearsay representation by agent - not representation of truth of statement - SPECIFIC PERFORMANCE - defence of innocent misrepresentation - purchasers' failure to rescind no bar - TRADE PRACTICES ACT - s 51A - s 52 - misleading and deceptive conduct - hearsay representation by agents on behalf of principal - representation by principal - not representation by agents - VENDOR & PURCHASER - Conveyancing Act s 55 (2A) - repayment of deposit - loss of right to rescind for innocent misrepresentation no bar to order - discretion

CRIMINAL LAW - Murder - plea of not guilty - Manslaughter - unlawful and dangerous act - plea of guilty - child victim - paedophilia - use of sedatives on child causing death.

Voluntary association - Church-School Community - List of members - Adjudication of disputes as to persons entitled to be members - Rules of the Community - Effect of excommunication from Church upon membership of Community - Meaning of phrase "ineligible for membership".

Costs

CRIMINAL LAW - jurisdiction - Supreme Court - summary jurisdiction - offences under Crimes Act 1914 (Cth).

Allegations against defendants of conduct occurring in 1998 alleged to have been in contravention of certain provisions of the Corporations Law.

Declaration endorsed upon Certificate of Marriage and certificate itself allegedly not signed by the minister - statutory construction of celebration of marriage requirements - common law presumption - effect of subsequent events (including dissolution of marriage and other proceedings) - abuse of process - validity of marriage - remoteness of damage - hopeless and untenable claim.

No question of principle

EQUITY - interlocutory injunction - balance of convenience where company in voluntary administration - CORPORATIONS - voluntary administration - moratorium on legal proceedings and assertion of property rights

Interest - S.57 Insurance Contracts Act, 1984 - Date from which it was unreasonable for insurer to have withheld payment on claim - discretionary judgment

The law on summary judgment - The pleadings - Nature and scope of duty of care - General duty of care - Non-delegable duty of care - Vicarious liability - Nervous shock - Spoliation of evidence

NEGLIGENCE - employer's liability in respect of system of work and equipment - what amounts to contributory negligence - damages - assessment for reduced earning capacity by reason of vulnerable spine requiring lighter forms of work in a case where psychiatric claims and complaints of severe pain were rejected.

Appeal - decision to transfer application to District Court made after conclusion of hearing on own motion - power of Tribunal - error in exercise of discretion - conscious or deliberate decision - entering into the arena uninvited.

On application to call identification evidence

Manslaughter - Aggravated sexual assualt - Sentencing - Whether sentence manifestly excessive - Whether special circumstances - Relevance of statistical information - Non parole period - Youth of offender - Mitigating factors - General deterrence - Rehabilitation - Whether applicant punished twice for the same criminal conduct - Partially accumulated sentences