Popular Terms
Australian Competition and Consumer Commission v Cabcharge [2010] FCA 1261 - provides that parity of penalties against contraveners in other comparable proceedings is a relevant factor in assessing penalty. Australian Competition and...
Lynn v State of New South Wales (2016) 91 NSWLR 636; [2016] NSWCA 57 - provides that the phrase "unacceptable risk" should be given its everyday meaning within its context and having regard to the objects of the Act.
Nolan v Nolan [2003] VSC 121; (2003) 10 VR 626 - where it was held that the essential elements required to establish a valid gift were set out as being the intention to make a gift (usually expressed by words), the intention on the part...
Mount Bruce Mining Pty Ltd v Wright Prospecting Pty Ltd [2015] HCA 37; (2015) 256 CLR 104 - provided that the rights and liabilities of parties under a provision of a contract are determined objectively, by reference to its text, context...
DPP v Bourke [2020] VSC 130 - provides that the inherent utilitarian value of a guilty plea is greater during the pandemic.
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.
Bolten v Stoltenberg [2018] NSWSC 1518 - held that “injunctive relief should only be granted [when] there is a real risk that the defendant will repeat the imputations found by the court to be defamatory of the plaintiff and...
Matthews 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".
Hughes & 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...
Australian Conservation Foundation v Commonwealth (1980) 146 CLR 493 - where the Court noted that the plaintiff must establish a special interest in the subject matter of the proceeding over and above other members of the public in order...
Fallon v Johnson [2018] VSC 273 at [19] - where a plaintiff suffers loss due to their motor vehicle being written off in a collision due to the negligence of the defendant, the ordinary principle that damages are compensatory applies, as...