Popular Terms
Administration and Probate Act 1958 (Vic) s 34(1)(a)(c) - where an executor to whom probate has been granted remains out of Victoria for more than two years or is unfit to act or incapable of acting, the Court may order the removal of...
The argument's that have failed in proving unlawfulness:Freedom of Political Communication: Cotterill v Romanes [2021] VSC 498, [1], [13]–[19] - Niall JA rejected an argument that sub-ss 200(1)(b) and (d) of the Public Health Act were...
Betts 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...
Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 - where it was held that appeal is not, as such, a common law procedure. It is a creature of statute.
Veen v The Queen [No 2] [1988] HCA 14; 1988 164 CLR 465 - the Court held that 'community protection through incapacitation of an offender can only operate within the confines of the principle of proportionality’.
quantum meruit : Quantum meruit is a Latin phrase meaning "what one has earned". In contract law, it means "reasonable value of services". British Steel Corporation v Cleveland Bridge & Engineering Co. Ltd [1984]...
McNamara VP in VQB v Secretary to the Department of Justice [2013] VCAT 789 at [36] - approached the "reasonable person test" as follows: A reasonable person would not approach the task with a closed mind, thinking that once a...
State of New South Wales v Elmir (Final) [2019] NSWSC 1867 - where it was discussed that ‘extremism’ is the holding of extreme political or religious views; fanaticism’. Violent extremism can, therefore, be understood as violence...
Pizzey 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...
through lack of due regard to the law or the facts.
Calderbank v Calderbank (‘Calderbank’) [1976] Fam 93 (‘Calderbank’) - provided for principles such as: (i) That it is in the interests of the administration of justice that litigation should be compromised as soon as possible and so save...
Alwer v McLean [2000] VSC 396; (2000) 116 A Crim R 364 - where a speeding charge was found to be invalid because it failed to refer to an essential element of the offence provision. Glenister v Magistrates’ Court of Victoria [2014] VSC...