Popular Terms
Rowlands v State of New South Wales (2009) 74 NSWLR 715; [2009] NSWCA 136 - provides that the ordering of particular medical examinations must be for the purpose of obtaining evidence about a plaintiff’s medical condition, and cannot be...
Castlemaine Tooheys Ltd v South Australia [1986] HCA 58; (1986) 161 CLR 148 - provides that an applicant for interlocutory injunctive relief must, in showing that the balance of convenience favours that outcome, point to inconvenience...
Bettencourt v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 172 - established that the exercise of the power to revoke the cancellation of a visa which arises when an affected party makes...
Hawkins v Clayton (1988) 164 CLR 539 - held that the scope of the duty in tort will usually be set by the terms of the retainer (which indicates the nature of the relationship that gives rise to the tortious duty of care).
Edwards v Hunter Valley Co-op Dairy Co Ltd (1992) 7 ANZ Ins Cas 61-113 - explained that an insurer is also under a duty of good faith and fair dealing, which requires it to have due regard for the interests of the claimant. Hannover Life...
De Jesus v The Queen [1986] HCA 65 - where Macfarlan JA reasoned that a ruling against the cross‑admissibility of evidence relating to multiple counts would ordinarily result in an order for separate trials, because of the difficulty of...
Nudd v The Queen [2006] HCA 9 - where it was held that within our system of justice, save for exceptional cases, "parties are bound by the conduct of their counsel, who exercise a wide discretion in deciding what issues to contest,...
Sutton v The Queen [1984] HCA 5; (1984) 152 CLR 528 at 545 - explained that in a criminal trial evidence of the commission of offences other than the offence charged is prima facie inadmissible against an accused person. B v The Queen...
Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 [2006] HCA 53 - provides that although the text of the treaty is the starting point and has primacy in the interpretation process, it is mandatory...
Purvis 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...
Markiewicz 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...
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...