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...
by Paul Cutler | Nov 26, 2015 | Uncategorised
This month, I will let the judgment of Smithers J in Grant v Headland (1977) 17 ACTR 29, speak for itself, other than to say I doubt that Mr Grant (who served 1 month in prison with a 2 year good behaviour bond) would be dealt with so leniently in 2015: In May 1977...
by Paul Cutler | Oct 23, 2015 | Uncategorised
Bogus is not generally a word I associate with legislation. I am in fact much more inclined to think of the 1991 movie “Bill and Ted’s Bogus Journey” which co-starred a very young Keanu Reeves. However, “bogus document” is defined in the...
by Paul Cutler | Sep 24, 2015 | Uncategorised
A large number of the solicitors who have briefed me over the years have heard me preach about my one man crusade against service by post. Service sounds like a simple concept. It is. So why are there a disproportionate number of cases about service in the...
by Paul Cutler | Aug 27, 2015 | Uncategorised
State obligations under international human rights treaties can be “derogated” if there are “exceptional circumstances of war or other public emergency”. This is often used as the justification for the introduction (including in Australia) of...
RSS - Posts