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...
by Paul Cutler | Mar 24, 2016 | Uncategorised
On 11 December 2015, Robert Skeen attended a function at Blacktown Workers’ Club for which he had pre-ordered a gluten free meal and a gluten free dessert. He wasn’t provided with gluten free gravy for his meal. This set in train a series of unfortunate...
by Paul Cutler | Feb 29, 2016 | Uncategorised
Family Law disputes often bring out the worst in people and solicitors should be wary about acting for family member combatants. So, when Brett Smith decided to act for his daughter in law against her first husband, he should have anticipated that emotions might run...
by Paul Cutler | Feb 1, 2016 | Uncategorised
I don’t usually blog about overseas judgments, but as I’ve just come back from North America, I thought I would share the humour of the Court of Appeal of Alberta in R v Pelech, 2012 ABCA 134 at [2]: At about 2:00 a.m. on December 6, 2009, an Edmonton...
by Paul Cutler | Dec 18, 2015 | Uncategorised
As the 2015 court term draws to a close I was looking for a Christmas theme to blog about. With the able assistance (again) of Luke Fermanis of my chambers I was directed to paragraph 4 of Adamson J’s judgment in Murphy v Zeitouneh [2015] NSWSC 876 : The...