Mabo Anniversary

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...

Proper Construction

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...

Curtain Call

This morning, I attended the retirement ceremony for Justice Peter Young in the NSW Supreme Court. Many amusing and interesting anecdotes were told this morning and the speeches will eventually be posted on the Supreme Court website. Apart from his views on equity, I...

Conduct Unbecoming

Many readers would be aware that there are a number of cases winding their way through the court system involving former clients of the firm Keddies making allegations of overcharging. In one of those cases, contempt proceedings were commenced in relation to an...

Overarching (riding) Purpose

It is now a month since the start of the 2012 law term and hostilities (in civil litigation) have well and truly resumed. Having already had matters in both state and federal jurisdictions I was reflecting on the “subtle” differences in the case management...