by Paul Cutler | Sep 25, 2012 | Uncategorised
His Honour Perram J commenced his judgment in Waller v Yamaha Motor Finance [2012] FCA 934 by stating the issue for determination as: In Lightning Ridge Local Aboriginal Land Council v Premier of New South Wales in his capacity as the State Minister pursuant to...
by Paul Cutler | Aug 27, 2012 | Uncategorised
Some readers may be aware that there is litigation on foot between the Commonwealth and a number of (initially 58, but now down to “30-odd”) Federal Magistrates in respect of their entitlement to a judicial pension. I came to know of this case as there...
by Paul Cutler | Jul 31, 2012 | Uncategorised
Have you ever noticed the disclaimers which appear at the bottom of emails from professional firms? If so, I assume you have also noticed how similar (and boring) they all appear to be? Well that’s not always the case apparently and at least one person has...
by Paul Cutler | Jun 27, 2012 | Uncategorised
The anniversary of the Mabo decision has received its fair share of press this month (and of course there was dramatisation that was shown on the ABC). Brian Keon-Cohen was one of the junior counsel for the plaintiffs. His paper “The Mabo Litigation: A personal...
by Paul Cutler | May 28, 2012 | Uncategorised
It is not uncommon to encounter claims for rectification based on the “proper construction” of a document. Saxby Soft Drinks v George Saxby Beverages [2009] NSWSC 1486, was one of those cases and Brereton J was asked to make a declaration as to the...