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…
Read MoreSubstantial arguments and material matters
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…
Read MoreSanebox – email management
Fantastic, intuitive email management out of the box and customisable actions as well. Highly recommend it. https://www.sanebox.com/home
Read MoreTPD: "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…
Read MoreThe 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…
Read MoreBattery, intention
Croucher v Cachia [2016] NSWCA 132
Read MoreDisputed facts and finding facts
Costs in NSW: General Principles
Costs Principles paper NSW Young Lawyers 24.3.12 – AustLII
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