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Posts by Robert Sheldon

Appointment of silk in NSW: declaratory relief

ASSOCIATIONS AND CLUBS – declaratory relief sought pursuant to s 21 of Federal Court of Australia Act 1976 (Cth) – whether subject matter of declarations sought is justiciable – when Court will intervene in internal affairs of voluntary associations – where association is a company limited by guarantee – where issues do not relate to rules in association’s Constitution…

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Onus of proof

  Keith v Gal [2016] NSWCA 152   1.   In 2001, the appellant, Mr Clifford Keith, was injured when the vehicle he was driving collided with the rear of a tow truck driven by the respondent, Mr Adrian Gal, which pulled abruptly into the lane in which Mr Keith was driving. Prior to the accident, the appellant…

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Sanebox – email management

Fantastic, intuitive email management out of the box and customisable actions as well. Highly recommend it. https://www.sanebox.com/home

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TPD: "unlikely ever" – a real chance

TAL Life Ltd v Shuetrim; MetLife Insurance Ltd v Shuetrim [2016] NSWCA 68 Construction of the TPD clauses The statement in the headnote of White v The Board of Trustees [1997] 2 Qd R 659 that “‘unlikely’ meant ‘improbable’ in the sense of a less than 50 per cent chance” is erroneous: at [81], [86], [189]-[190]. White…

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The Law of Documents

“Sedley’s Laws of Documents” He formulated what has come to be known as “Sedley’s Laws of Documents” after experiencing the tribulations of litigation:[17] First Law: Documents may be assembled in any order, provided it is not chronological, numerical or alphabetical. Second Law: Documents shall in no circumstances be paginated continuously. Third Law: No 2 copies…

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