Muchirigathiru1

EVIDENCE: Subpoena; production; setting aside 1. requiring an extensive search of documents is oppressive; 2. vague descriptions require witness to decide what documents are relevant, which is a court function. - Air Pacific Ltd v Transport Workers Union of Australia TRIAL (1) Cost and efficiency do not always favour a trial by a judge alone; (2) A party who gives notice has a prima facie right to a trial by jury. - Trevor Roller Shutter Services Pty Ltd v Crowe TRIAL The proper mode of...

Jones v National Coal Board - Traditional Role of Judges I 1. Per Denning LJ, the judge sits to hear and determine the issues raised by the parties, not to conduct an investigation on behalf of society at large. 2. If a judge should himself conduct the examination of witnesses, he 'descends into the arena, and is liable to have his vision clouded by the dust of conflict'. Ridolfi v Rigato Farms Defendant fails to answer a notice to admit facts, implying admission. Defendant sought withdr...

Coleman v Power (2004) 220 CLR 1 - Relevant to: Implied Freedom of Political Communication (ss 7, 24) Issue: While distributing pamphlets protesting police corruption, Coleman was charged with using 'insulting words' under the Vagrancy Act and assaulting/resisting arrest Held: The Vagrancy Act charges violated the freedom of political communication, as 'insulting' is not appropriate or adapted - read down to only applying to words provoking unlawful physical retaliation...

British Steel Corporation v Cleveland Bridge and Engineering Company 1984 [British Steel case] - GOFF J - NO CONTRACT because there was a failure to prove offer and acceptance, i.e. a meeting of the minds, parties unresolved on 1) liability for consequential loss and 2) the price to be paid--court held that RESTITUTIONARY RELIEF was in order for the delivery of the steel nodes (mutual understudying for delivery though b/c one party requested and the other party complied) counter claims fail...

Ziems v Prothonotary - Issue: when does conduct which occurs in a Barrister's private life impact on his fitness to practice? Facts: - Ziems was a Barrister in a bar, saw a sailor abusing women. - he interjected and a physical altercation followed - Police officer witnessed sailor violently attack Ziems' head. - he took the sailor to custody and told Ziems he would return to take him to the hospital. - officer did not return - Ziems drove home, got in an accident and killed a motorcycl...

The court's decision in Equiticorp Finance Ltd v Bank of New Zealand (1993) is an example of which of the following legal principles? - A decision made by directors which benefits another company in a corporate group is not a breach of duty where it was reasonable for the directors to believe that the decision also benefited the directors' company. Which of the following is a proper purpose in relation to a decision by a board of directors? - To issue more shares in the company to employe...

Advertising and attracting clients There is little in the way of ethical regulation which restricts how most lawyers advertise services and attract clients. The ASCR, which are intended to apply to all solicitors within Australia, impose a number of specific restrictions on practitioners in Queensland promoting their legal services. The restriction on advertising is principally set out in ASCR r 36, which prohibits false, offensive or misleading or deceptive practices. The ASCR is broader t...

Lawyer's/law firm's fees Only a person with a current practising certificate can lawfully charge for legal work: s 24 Legal Profession Act 2004 -Typically the firm, not the lawyer, is providing services -Methods of charging for legal work: ---Lump sum fee ---Task-based fee ---Court scale of costs ---Time-costing ---Speculative or contingent fee (% of proceeds recovered are illegal) - Lawyers Fees - Lawyers can receive fees despite their general duty to act in client best interest ...

Week 1) yanner v eaton - '"property" does not refer to a thing; it is a description of a legal relationship with a thing' facts: -Indig person In qld had engaged in hunting -hunting took place on crown land -foreigner act said youre not allowed to hunt on crown land -native title type of case (didn't have proper native title yet though) property as a bundle of rights - Milirrpum v Nabalco (1971) 17 FLR 141 at 171: -the right to use and enjoy -the right to exclude others from use an...

Offer - All contracts begin when a person or a company proposes a deal (offeror). Acceptance - Once a party receives an offer, he must respond to it in a certain way (offeree). Consideration - There has to be bargaining that leads to an exchange of value between the parties. Legality - The contract must be for a lawful purpose and comply with the requirements of the law. Capacity - The legal ability to enter into a contract. Consent - Fraud and Mistake may render a contract unenforceable be...