by Paul Cutler | Dec 20, 2016 | Uncategorised
I have previously blogged about David Ross QC and his quirky personal court book which became a textbook, “Ross on Crime” (now in its 7th edition). Amongst many other blogworthy features, the book has an appendix of latin terms, which I first came across...
by Paul Cutler | Nov 25, 2016 | Uncategorised
The meaning of simple words such as “and” and “or” (or shorter/longer) is not always as clear cut as you might at first think. The 30 May 1956 edition of People magazine included an article entitled “Love in the South Seas”. The...
by Paul Cutler | Oct 24, 2016 | Uncategorised
Victoria has recently had a major overhaul of its laws dealing with sexual offences. One of the purposes was to try and differentiate between more serious sexual offences (such as “flashing” which is now “sexual exposure”) and the less serious...
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...
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