by Paul Cutler | May 27, 2015 | Uncategorised
In Wollongong City Council v Dr Masood Falamaki [2010] NSWLEC 66, Dr Falamaki managed to convince Justice Craig that prior to delivery of a reserved judgment he should hear a submission, to be put on his behalf by “plenipotentiary judge David-Wynn Miller from...
by Paul Cutler | Apr 28, 2015 | Uncategorised
Many of the ideas that inspire posts on this blog are accidental discoveries made while looking for something else. This post falls into that category. I was recently briefed in an appeal from an AAT decision in relation to an erroneous customs classification of an...
by Paul Cutler | Mar 23, 2015 | Uncategorised
“Perhaps the greatest of all the fallacies entertained by lay people about the law … is that the business of a court of justice is to discover the truth. Its real business is to pronounce upon the justice of particular claims.”1 In 2006 two NSW Supreme Court...
by Paul Cutler | Feb 27, 2015 | Uncategorised
Breaking with common law tradition (which didn’t provide a right of appeal), NSW introduced legislation in 1911 which ultimately created the Court of Criminal Appeal. The following ditty (entitled “Three Blind Mice”) which is recited in...
by Paul Cutler | Jan 29, 2015 | Uncategorised
Some of us (not me) may have been on a fishing expedition during our summer holidays. Those memories will begin to fade as the wheels of business start turning for 2015. However, one thing you should remember that it’s not a good idea to go fishing in the...
by Paul Cutler | Dec 15, 2014 | Uncategorised
I recently came across Sir Gerard Brennan’s conference paper titled “Lessons from a life in the law” in which he tells the following anecdote (which he also told at his swearing in as CJ in 1995): “It is nearly 70 years since I first entered a...
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