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Higgins Chambers
The paper available at this link discusses the following recent decisions on contract law: Dyco Hotels Pty Ltd & Ors v Laundy Hotels (Quarry) Pty Ltd [2021] NSWCA 332 (Dyco) Carter v Mehmet [2021] NSWCA 286 CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 ZG Operations Australia Pty ltd v Jamsek [2022] HCA 2...
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Dyco Hotels Pty Ltd & Ors v Laundy Hotels (Quarry) Pty Ltd [2021] NSWCA 332 (Dyco) – Case Review 1. This is one of those cases where four judges considered the issues, they split 2:2 on the result, and the trial decision was reversed on appeal. The equal number of judges on either side of...
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Can a creditor with a debt which would not be provable in a bankruptcy nonetheless present a creditor’s petition based on a failure to pay that non-provable debt? The Federal Court of Australia squarely considered this question for the first time in Australian Securities and Investment Commission v King [2021] FCA 1610, a decision of...
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The High Court’s recent decision in Sunland Group Limited v Gold Coast City Council [2021] HCA 35 (Sunland), delivered on 10 November 2021, has important implications for the interpretation of statutory approvals under a wide range of legislation, including approvals under planning laws. In Sunland, Stewart J (with whom Kiefel CJ, Keane and Gleeson JJ...
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Higgins Chambers warmly congratulates Ruth O’Gorman QC on her appointment as silk.
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An intellectually disabled man on death row in Singapore has won another short reprieve, but the global campaign to save him is growing. An intellectually impaired Malaysian man due to be executed in Singapore on Wednesday gained a last-minute reprieve as a result of contracting COVID-19. Nagaenthran Dharmalingam’s final legal bid to prevent being hanged...
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After a pandemic response that required incursions on some human rights, the threat of governments expanding these powers further is high. Why is it that no one seems to have identified the irony in the right of the Australian political and media class suddenly becoming enamoured of human rights protections, when faced with responses to...
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The Full Federal Court recently unanimously allowed an appeal involving whether a Minister had formed the “required state of satisfaction” before making a decision about whether or not to revoke the, otherwise, automatic cancellation of a permanent resident’s visa based on  the character test under section 501 of the Migration Act 1958 (Cth). The decision,...
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The death penalty is a form of punishment that has been condemned internationally. Many see it as an abuse of human rights with activists waging a decades long war against governments to see it eradicated from society. Many executions have involved prisoners with severe mental health conditions. Criminal justice systems around the world have stigmatised...
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John Baker’s story of the collection of wines that once belonged to Nicholas II, the last Tsar of Russia, and was controlled by and supplemented by Joseph Stalin, the Soviet strong man who ran Russia from 1924 to his death in 1953, took a long time in the telling. The earliest scenes, in which John...
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