A great deal of noise

In 1950, Mr Scott obtained the right to exhibit motion pictures on Wednesday and Saturday evenings at the (1939 art deco) Numurkah Town Hall. Unfortunately (for Mr Scott), the town hall also had facilities for private dances and wedding receptions. Mr Scott said these...

Red Herring

In Australian Conservation Foundation v Forestry Commission and Others (1988) 19 FCR 127 at 135, Burchett J summarised one of the fundamental principles of judicial review of administrative decisions as follows: “It is true that a decision-maker may not take...

Perspicuous Remarks

If you don’t already know the meaning of “perspicuous” you will get the gist of it from the Court of Appeal judgment in JPQS P/L v Cosmarnan Constructions P/L & 3 Ors [2003] NSWCA 66. It appears that the late Meagher JA has managed to press the...

Phrase Buster

On 29 June 2011, Allens Arthur Robinson became the first major Australian law firm to launch an iPhone and iPad app. The app (called “Phrase Buster”) is basically a cross between wheel of fortune and tetris and requires players to unscramble phrases...

Mr Kotev’s Case

The Queensland Court of Appeal recently had to deal with Eric Kotev who described himself as “defender of Australia” and his statement of claim commenced with “This claim by the son of god, as are al [sic] his children”. The claim in full is...

Now you see it…

The Commissioner of Taxation seems to have powers which are part time lord and part magician if the Anti-Avoidance provisions (see Division 165) of A New Tax System (Goods and Services Tax) Act 1999 are anything to go by… 165‑55  Commissioner may disregard...