LEGIFY.COM.AU

robertsheldon.com.au

duty of care – Robert Sheldon SC

http://robertsheldon.com.au/tag/duty-of-care

September 2, 2016. Posts tagged "duty of care". Tag: duty of care. Duty of development consent authority. Bankstown City Council v Zraika; Roads and Maritime Services v Zraika NSWCA 51 LOCAL GOVERNMENT development consent function of determining applications for development consent whether local council as planning authority owed duty of care nature of regulatory function for the purposes of Civil Liability Act 2002 (NSW) s 44 special statutory power for. Signup to receive weekly news of new posts. PLEAD...

robertsheldon.com.au

Appeal – Robert Sheldon SC

http://robertsheldon.com.au/category/appeal

September 2, 2016. Blameless motor accidents: refusal of leave to re-argue Axiak. Case not run below. New issue on appeal. Reopening decisions of the NSW Court of Appeal. Leave to appeal – principles. Matter of public importance. NSW Court of Appeal: appeal books. Disputed facts and finding facts. Costs in appeals said to raise a matter of public importance to only one of the parties. Obligation to give reasons. Trial judge's duty to give reasons. Mitchell v Cullingral Pty Ltd NSWCA 389. PLEADINGS amendm...

robertsheldon.com.au

Civil Liability Act – Robert Sheldon SC

http://robertsheldon.com.au/category/civil-liability-act

September 2, 2016. Category: Civil Liability Act. Horse racing: dangerous recreational activity….for the jockey? Goode v Angland NSWSC 1014 TORT negligence personal injury jockey injured in fall from horse during country race meeting whether defendant negligently caused or permitted his horse to take plaintiff’s running whether plaintiff’s horse advanced into a position of danger Civil Liability Act 2002 s 5K dangerous recreational activity whether recreational. Duty of development consent authority.

robertsheldon.com.au

Practice & Procedure – Robert Sheldon SC

http://robertsheldon.com.au/category/practice-procedure

September 2, 2016. Category: Practice and Procedure. Blameless motor accidents: refusal of leave to re-argue Axiak. Case not run below. New issue on appeal. Reopening decisions of the NSW Court of Appeal. Class actions: principles relating to settlement. Leave to appeal – principles. Matter of public importance. Power to vary orders. The Law of Documents. Blameless accident claim against insurer. PROCEDURE notice of motion claim under the blameless accident provisions of the Motor Accidents Compensation ...

freeaustralianlaw.com

Legislation | Free Australian Law

http://freeaustralianlaw.com/legislation

Courts & Case Law. Links to Acts, Regulations, Bills, EMs, Parliamentary publications, gazettes, law reform commission reports etc. Legislation and Parliamentary materials by jurisdiction. Resources for all jurisdictions. Guide to authorised legislation. Australian Parliament Infosheet – information on how bills are considered and passed by the Federal Parliament. Australian law: free online resources – legislation. Key internet links on Australian law – legislation. 2016 - Free Australian Law.

robertsheldon.com.au

Negligence – Robert Sheldon SC

http://robertsheldon.com.au/category/negligence

September 2, 2016. This content is restricted to subscribers. Legal practitioners Negligence Advocate’s immunity from suit Advice given out of court Where advice given by advocate led to agreed settlement of proceedings Where terms of settlement reflected in consent orders made by court and court’s noting of agreement Where negligence proceedings issued in respect of advice Whether advocate immune from suit. The need for articulation of a duty, at a high level of generality, before examining breach.

robertsheldon.com.au

Evidence – Robert Sheldon SC

http://robertsheldon.com.au/category/evidence

September 2, 2016. This content is restricted to subscribers. S S Pharmaceuticals v Qantas 1 Lloyd’s Rep 288 at 293, Gleeson CJ and Handley JA said: Where the inference of greater fault is open on the evidence we see no difficulty in drawing that more adverse inference where the defendant fails to call evidence. As Mr Justice Rich (who was part of the majority) said in Insurance Commissioner. The unreliability of evidence in chief adduced in written form. S 60 Evidence Act – in for all purposes. Keith v ...

scwalawlibrary.com.au

Law Library - Legal Practice Board of Western Australia

http://scwalawlibrary.com.au/useful_links.html

Legal Practice Board of Western Australia. Law Society Seminar Papers. Serial and Law Report Holdings. District Court of Western Australia. High Court of Australia. Jade - Australian case law with citator. Legal Aid Western Australia. Legify - short cut to legislation. Parliament of Western Australia. State Library of Western Australia. Supreme Court of Western Australia. Victorian Legislation and Parliamentary Documents. Western Australian Law Reform Commission.

robertsheldon.com.au

Contract – Robert Sheldon SC

http://robertsheldon.com.au/category/contract

September 2, 2016. Signup to receive weekly news of new posts. Damages – General Principles. Damages – Personal Injury. Rider cannot sue owner for “blameless motor accident”. Keith v Gal 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 was head teacher of painting. Kwong v A...