Fish Mortgage

Some of my favourite statutory definitions are in the NSW Security Interests in Goods Act, for instance: 1. “stock” includes any sheep, goats, cattle, horses, swine, poultry, alpacas, llamas, ostriches or other animals (except fish) 2. “fish”...

Trial of Ned Kelly

Ned Kelly is probably Australia’s best known bushranger (i.e. outlaw) and there is something quirky about a barrister having a painting of a famous criminal in his room (but nevertheless that’s what I’ve done). I commissioned this work from Brisbane...

Lawyer’s Correspondence

Rules of professional conduct provide that lawyers should treat each other professionally and respectfully. Unfortunately it doesn’t always happen and sometimes aggressive or demeaning correspondence is exchanged. The rule in litigation is of course, don’t...

The Ethics of Advocacy

“The Ethics of Advocacy” is the title of a two part essay by John V Barry (a former judge of the Supreme Court of Victoria) published in the Australian Law Journal  – (1941) 15 ALJ 166. There are several inspiring passages in the papers, but two...

Good natured close to a huge case

It’s good to see that Justice Neville Owen (who conducted the HIH Royal Commission) managed to maintain his sense of humour when he delivered his 2614 page judgment in Bell Group v Westpac [2008] WASC 239. The case was Australia’s longest running corporate...