by Paul Cutler | Sep 30, 2016 | Uncategorised
In November 1932, the Commonwealth government received (and acceded to) a peculiar request for assistance from WA wheat farmers whose crops were being damaged by emus. A succinct summary is in the speech by Senator Sir George Pearce given on 18 November 1932 (see...
by Paul Cutler | Aug 24, 2016 | Uncategorised
Wilson v Department of Human Services – re Anna [2010] NSWSC 1489 was a particularly nasty case in the parens patriae jurisdiction of the NSW Supreme Court which has become better known for the comments of Palmer J about misplaced courtesy in court: 106 The second...
by Paul Cutler | Jun 30, 2016 | Uncategorised
It usually takes clear statutory words before a court will interpret legislation as taking away fundamental common law rights. This is known as the principle of legality which in Australia can be traced back to Potter v Minahan (1908) 7 CLR 277. Briefly: “When...
by Paul Cutler | May 25, 2016 | Uncategorised
The very act of being arrested is at least in part punitive. It involves being removed to a police station, being detained, searched, fingerprinted and questioned. It is not surprising that the common law position (which is also reflected in the Crimes Act) is that...
by Paul Cutler | Apr 30, 2016 | Uncategorised
Share transfers 101 as explained by Graham J in Ku v Song: [175] Whoever coined the expression ‘as clear as mud’ must have been slaving over the extraordinarily, and unnecessarily, complex provisions of the Corporations Act and the Corporations Regulations relating to...
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