ICAC: Jurisdictional Facts?
Knightsbridge North Lawyers Pty Limited v Independent Commission Against Corruption  NSWSC 387 ADMINISTRATIVE LAW – judicial review – Independent Commission Against Corruption (ICAC) – decision to hold public inquiry – ICAC Act 1988 (NSW), s 31 – decision to investigate matters – ICAC Act 1988 (NSW), s 20 – no jurisdictional error – prerequisites…
Corporate structure and duty of care
Strategic Formwork Pty Ltd v Hitchen  NSWCA 54 The Court (Basten JA, Sackville AJA and Simpson JA) allowed the appeal on damages in part but otherwise dismissed the appeal; by majority the Court (Basten JA and Sackville AJA, Simpson JA dissenting) dismissed the cross-appeal. The Court held: In relation to (i): (1) Neither the separate…
Implying law into contracts
Bayside Council v V Corp Constructions Pty Ltd  NSWCA 120 39. In dealing with a deed of release, in Bank of Credit and Commerce International SA v Ali,  Lord Hoffmann, after noting that the language of the document was “very wide”, continued: “So I think that anyone who was simply reading the document without preconceptions…
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Peer professional opinion in practice
NEGLIGENCE — Medical negligence — Peer professional opinion — Civil Liability Act 2002 (NSW) s 5O — Whether necessary that at the time of the alleged negligence there was an established practice which was widely accepted as competent medical practice — McKenna v Hunter & New England Local Health District  NSWCA 476; (2013) Aust…
apprehended bias – whether comments and questions by sentencing judge during applicant’s trial, a co-offender’s trial, and sentencing hearings gave rise to reasonable apprehension of bias – application for recusal rejected – whether sentencing judgment should be set aside
Administrative review: re-assessment of medical certificate in MACA context
ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of certificate of medical assessment review panel – Panel not advised by Authority of appellant’s objection to assessment without re-examination – appellant not re-examined – whether constructive failure to exercise statutory function ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of…
Pre-existing medical conditions, aggravation and the burden of proof
TORTS – negligence – apportionment of responsibility and damages – medical negligence – whether pre-existing condition was progressively deteriorating – whether causation was established – whether assessment of damages could be challenged – challenges to findings of fact and damages dismissed
EVIDENCE – whether respondent had made admission as to appellants’ right to immediate possession – probative value of admission made– whether inference should be drawn from respondent’s failure to give evidence at trial
Recovery of compensation payments
The question to be determined by the Court was whether Parkes Shire Council was able to recover payments of workers’ compensation from South West under s 151Z of the Workers Compensation Act 1987 (NSW).
"Dangerous recreational activity" is not confined to non-professional sports
The appellant was a professional jockey who suffered serious injuries when his horse fell in a race at Queanbeyan Racecourse. The respondent, also a professional jockey, was riding in the same race. The appellant claimed that his injuries, loss and damage were caused by the respondent’s negligence or breach of duty by riding in such…
I was admitted to the bar in 1991. I took silk in 2009. Before that I was a solicitor and before that a paralegal.
I try to do work in any area I am offered, but I will not appear or work without an instructing solicitor.