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...
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...
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