Cases and authorities

CONVEYANCING [64]- Notice to complete- Whether vendor ready for completion at time of notice- Inability of vendor to provide jetty as promised- Notice to complete invalid EQUITY [397]- Specific performance- Readiness- What is covered.

Sentence - effect of imprisonment on third parties - mental state of offender and general deterrence

Criminal law - appellant charged with sexual offence - issues subpoena addressed to Victims Compensation Tribunal for production of documents - production of documents opposed - construction of Victims Support and Rehabilitation Act 1996, s 84(2) considered.

Family Law. Application under Property Relationships Act for adjustment of parties' interests in property. Orders made. No matter of principle.

Sexual intercourse with child 10 to 16 years - relevance of prior good character

Real Property. Restrictive covenants. Application under s 89 of the Conveyancing Act. Whether proposed modifications to the front of a house will reduce the views enjoyed by the next door property which has the benefit of the covenant. Held that there would be an impairment. Cross claim dismissed.

CORPORATIONS - TRUSTS - Unit trusts - Mortgage trust - Trust deed authorising assignment of proportionate shares of mortgages - Amendment of deed to authorise trustee to give priority to assignees - Approval of amendment by Corporate Affairs Commission - Whether duty ofcare to unitholders - Whether breach of that duty - Whether damages shown - Whether ASIC correct defendant - Whether ASIC has statutory defence.

Family Law. Application under Property Relationships Act for adjustment of parties' interests. Time at which property should be valued. Held that in the usual course it should be valued at the hearing.

Murder - manslaughter - self defence - Home Invasion (Occupants Protection) Act 1990 No. 109.

Costs - refer attached for details.

PRIVATE INTERNATIONAL LAW [26]- Service out of jurisdiction- Whether substituted service permissible inside jurisdiction PROCEDURE [750]- Declarations- What connection with jursidiction required.

CORPORATIONS - winding up - application by liquidator for directions - payment of one class of creditors - whether subject to order of priority payments - proposal would reverse that order

FAMILY LAW AND CHILD WELFARE - Declaration of paternity - Child of 12 year old girl alleged to be that of her 13 year old brother - Whether DNA test should be ordered - Whether paternity proved on other evidence - Whether declaration should be made.

INDUSTRIAL LAW - Industrial safety, health and welfare - Factory legislation - Interpretation - Occupier responsible for safety of - Whether contractor's employee replacing corrugated iron roofing working in factory - If so, whether any, and, if so, which, Respondent was occupier of factory - INDUSTRIAL LAW - Industrial safety, health and welfare - Construction and safety legislation - Interpretation - Whether company which retained contractor to carry out work is "person in charge of the construction work"

Claim against Fidelity Fund - privative clause - whether s 90D Legal Profession Act precludes judicial review of Law Society's determination of question of solicitor's dishonesty.

Sentence - Manslaughter - Provocation and substantial impairment

Family Law - Alleged de facto relationship - Parties never resided together - Interests in property - Purchase of a house property as co-owners in unequal shares - Respective contributions to purchase price - Whether provisions of Contracts Review Act are attracted - Contract not in evidence - Whether proceedings are properly constituted - Whether circumstances of acquisition of property give rise to a constructive trust under the general law - Defendant has remained in occupation of property - Claim by Plaintiff for occupation fee - Such a claim not available unless Plainitff has been ousted or excluded - Trust in respect to shareholding of Plaintiff in Defendant's company.

CONTRACT - Purported agreement to settle claim - Defendant submits release for execution - Plaintiff requires amendment of release - Defendant treats this as counter-offer, and rejects it - Plaintiff seeks declaration that agreement made - Whether agreement made - Whether agreement repudiated - Whether plaintiff ready willing and able to perform agreement - Whether interest should be ordered - PRACTICE - Plaintiff alleges contract in terms different from those found by court - Whether cause of action complete at commencement of proceedings.

Identification evidence - photographic evidence - "in the custody of a police officer" - Proceedings after trial - verdict unreasonable and cannot be supported by the evidence

Criminal Law - dishonestly obtaining money or an advantage - verdicts not inconsistent - no miscarriage - need to consider each count and facts relating to it separately.

GUARANTEE - claim for declaration that moneys owed not secured by third party mortgage - claim that trading account and account service fee of third party secured by mortgage - non-compliance by creditor with agreed terms of credit as agreed between debtor and creditor - whether surety's obligations discharged - terms of trading account not established as agreed - departure not obviously unsubstantial - held, the surety was not liable and nothing was secured by the mortgage. - DEEDS - construction of deed of settlement relating to extension of credit facility - "entire agreement and understanding of the parties" over-rode earliler credit facility and personal guarantee.

SUCCESSION [1]- Will- Capacity- Minor- When Court should authorise minor's will.

FAMILY LAW AND CHILD WELFARE [138] - Child welfare other than under Family Law Act 1975 - Adoption - Other matters - Application by birth father of adopted child for declaration that he is birth father - Application for alteration of surname of child on original birth certificate - Whether orders should be made where birth parents' common intention at time of birth was that child should bear birth father's surname.

Cross vesting

Practice and Procedure - costs - building contracts - arbitration - giving of notice of dispute or difference - condition precedent to commencement of proceedings - whether dispute or difference has arisen is a question of fact - requirement that bona fide dispute or difference be shown to have arisen as opposed to a sham or a specious pretext - defendant pays whole of claim within days of summons being issued but claims costs alleging that a dispute/difference had arisen and that plaintiff failed to give notice - defendant ordered to pay costs of the proceedings.

CORPORATIONS - Receivers, Managers and Controllers - Application for the appointment of a Receiver and Manager to the defendant on the basis of alleged oppressive and/or unfairly prejudicial and/or unfairly discriminatory conduct against the plaintiff - Allegations of electoral, financial and administrative irregularities.

CRIMINAL LAW - Sentence - attempting to possess a prohibited import - supply ecstasy - parity with co-offender - sentence excessive in any event

Crown appeal - Break and enter with intent to inflict grievous bodily harm - Pre-planning - Woman in safety of her home - Manifest inadequacy - Re-sentenced

Criminal Law - Appeal against severity of sentence - Heroin supply - Parity - No justifiable sense of grievance - No special circumstances

Criminal Law - Further evidence bearing upon credibility of complainant and prosecution - reasonable possibility it could affect verdict - matter left to jury on incorrect bases.

CONVEYANCING - caveat against dealings - claim based on interest of chargee under charge from transferee of land under unregistered transfer the land having been transferred to another purchaser by transfer alleged to have been obtained by fraud - whether claim was for an interest in land - no caveatable interest

Action at Common Law on Foreign Judgment - whether prohibited by Foreign Judgments Act 1991 (Cth) - moneys paid - ownership of moneys - factual issues

PROBATE - application for revocation of grant of administration - whether testator had capacity - administrator managed affairs of testator under power of attorney - small estate - consideration of suitability of competing applicant and prospects of proposed claim - revocation refused.

INJUNCTION - Mareva order - plaintiff showed a prima facie case for $100,000 sale commission against a company which had one director resident in Singapore and one in New South Wales - company's one investment was "a loss" and local director had stated that he was impecunious - no evidence of misdealing with assets or funds - no evidence of conduct or events showing risk of frustration of court's process - court rejected propositon that "the fact of residence abroad is sufficent to excite curial intervention" - Mareva order refused.