Terms of AISLES NEWS RSSWed, 08 Jun 2022 19:14:46 GMTPizzey Properties Pty Ltd v Edelstein [1977] VicRp 19; [1977] VR 161 - provides that orders should not be made for the purpose of giving security for the satisfaction of a money judgment or in lieu of other orders restraining a party from behaving in a particular way which may be available in other circumstances under the rules. 

]]>Wed, 08 Jun 2022 19:14:46 GMTHughes & Vale Pty Ltd v NSW (No 2) [1955] HCA 28; (1955) 93 CLR 127 - provides that to be fit and proper, a legal practitioner must be honest, independent, able to judge what ethical conduct is required of them, and then be capable of diligently discharging the responsibilities of their office.  Sobey v Commercial and Private Agents Board (1979) 22 SASR 70 - provides that a legal practitioner must be ‘possessed of sufficient moral integrity and rectitude of character as to permit him to be safely accredited to the public, without further inquiry, as a person to be entrusted with the sort of work which the licence entails. 

]]>Wed, 08 Jun 2022 19:14:13 GMTDPP v Bourke [2020] VSC 130 - provides that the inherent utilitarian value of a guilty plea is greater during the pandemic.

]]>Wed, 08 Jun 2022 19:06:39 GMTBetts v Whittingslowe [1945] HCA 31; (1945) 71 CLR 637 at 649 - where Dixon J found that the defendant's breach of duty, coupled with the occurrence of an accident of the kind that might thereby be caused, was enough to justify an inference that the breach caused the accident.   New South Wales v Fahy [2007] HCA 20 - focused on how the particular injury happened may be misleading in attempting to determine issues of duty and its breach. 

]]>Wed, 08 Jun 2022 18:30:12 GMTMatthews v Matthews [1913] HCA 49 - provides that the presumption of assent – that when there is a transfer of property to a person, the donee assents even before they know of the transfer – is a "strong presumption of law".

]]>Wed, 08 Jun 2022 18:25:10 GMTHill v Wilson [1873] UKLawRpCh 70 - provides that a gift "requires the assent of both minds". Federal Commissioner of Taxation v Cornell [1946] HCA 32 - provides that the subject matter of a gift can vest in a donee before the donee actually assents.

]]>Wed, 08 Jun 2022 18:24:09 GMTMinister for Immigration and Border Protection v SZMTA [2019] HCA 3; (2019) 264 CLR 421 - provides that the test for materiality is when the error would have been material to the Exemption Decision.  Hossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 - observed that materiality is a common restriction upon the issue of a writ of certiorari for both jurisdictional error and error of law on the face of the record.

]]>Fri, 28 Jan 2022 06:33:40 GMTHossain v Minister for Immigration and Border Protection [2018] HCA 34; (2018) 264 CLR 123 - observed that materiality is a common restriction upon the issue of a writ of certiorari for both jurisdictional error and error of law on the face of the record.

]]>Fri, 28 Jan 2022 06:30:46 GMTMarkiewicz v Crnjac [2021] VSCA 290 at [13] - explained that an application to the Tribunal for an order for termination of a tenancy agreement was necessary and would only be made, where based on the failure to comply with a tenancy agreement, if the tenant could comply without suffering severe hardship. 

]]>Fri, 28 Jan 2022 06:30:19 GMTPurvis v New South Wales [2003] HCA 62 - where it was held that discrimination jurisprudence establishes that the circumstances of the person alleged to have suffered discriminatory treatment and which are related to the prohibited ground are to be excluded from the circumstances of the comparator.

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