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:...
by Paul Cutler | Dec 17, 2010 | Uncategorised
In the best tradition of finding something interesting when looking for something else, I came across NSW Road Rule 291-3. This rule is not in the national road rules and I have been unable to trace when (or why) it came into force in NSW: NSW rule: splashing mud on...
by Paul Cutler | Nov 22, 2010 | Uncategorised
Many readers of this blog will know Bernie Coles QC – he probably doesn’t rate his junior brief in DCT v Chamberlain [1990] FCA 71 as a career highlight as the following extract from the judgment shows: 12. At the commencement of the hearing on 1...
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