by Paul Cutler | Jul 5, 2011 | Uncategorised
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...
by Paul Cutler | Jun 6, 2011 | Uncategorised
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...
by Paul Cutler | May 9, 2011 | Uncategorised
Unlike the former High Court judge, Michael Kirby, I have never studied the classics and, until writing this blogpost didn’t know what “heaping Pelion upon Ossa” meant. It basically means making things more difficult than they ought to be (or adding...
by Paul Cutler | Apr 6, 2011 | Uncategorised
Although, it is not apparent on the face of the judgment, I have no reason to believe that this story is not true: “Perhaps the most noteworthy attempt to ‘tender’ evidence was by Tasmania in Harper v Minister for Sea Fisheries (1989) 168 CLR 314....
by Paul Cutler | Mar 4, 2011 | Uncategorised
If you want to learn how to turn a $50 problem into a $50,000 problem have a look at the judgment of Foster J who, in hearing Mr Croker’s application to set aside a bankruptcy notice (see Croker v Commonwealth of Australia [2010] FCA 1031) summarised this sad...
by Paul Cutler | Feb 4, 2011 | Uncategorised
Many of us make resolutions in the New Year for losing weight or doing more exercise. Judging from his comments in Trevali Pty Ltd (t/as Campbelltown Roller Rink) v Haddad (1989) Aust Torts Reports ¶80-286 this is not something that has ever troubled Meagher JA:...
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