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Marching up and down the square! The infiltration and advancement of the Delta variant through New South Wales has placed immense pressure on our Health and Police departments. This pressure has now reached boiling point and the Government has requested the assistance of the Australian Defence Force. While the ADF has a strong history of […]
Can the Government use the army for COVID Operations? Read More »
Protesting is a public expression or declaration of objection, disapproval or dissent often against the government or corporations. In New South Wales, the right to protest is protected by the common law’s right to peaceful protest. It is also protected by the Australian Constitution’s implied right of political communication. While we have the right to
Protesting and the law. It’s my right! Read More »
RESCISSION After running an online clothing store for two months, Miranda decided that it wasn’t for her. She sold it to a young woman named Bonnie, telling her that the business typically made $25,000 per week. Since purchasing the store, Bonnie has struggled to make $10,000 each week, despite working more hours than Miranda ever
Remedies Law – preparation guide Read More »
Key cases: Nelson v Nelson (1995) 184 CLR 538 Lindsay Petroleum Co v Heard (1874) LR 5 PC 221 Bester v Perpetual Trustee Co Ltd [1970] 3 NSWR 30 Beckford v Wade (1805) 17 Ves 87 Re Howlett [1949] Ch 767 Haas Timber and Trading Co Pty Ltd v Wade (1955) 94 CLR 593 Allcard
Australian Consumer Law Read More »
INJUNCTIONS 1 Nature of injunctions 1.1 Definition: An injunction is an order of the court which either prohibits/forbids a person or legal entity from performing an action or requires the person or legal entity to do something. Purpose: To protect the rights of a person or legal entity in situations where the infringement
Key Cases: Declarations Australian Oil Exploration Ltd v Lachberg (1958) 101 CLR 119 Guaranty Trust Co of New York v Hannay & Co [1915] 2 KB 536 Foster v Jododex Aust. Pty Ltd (1972) 127 CLR 421 Liverpool & London & Globe Insurance Co Ltd v J W Deaves Pty Ltd [1971] 2 NSWLR
Declarations, Rectification and Delivery Up Read More »
Elements Plaintiff has a cause of action in contract – namely, a breach of contract; Defendent’s breach of contract has in fact injured or caused a loss to the plaintiff – causation; The loss suffered by P is not too remote; and P has not breached his or her ‘duty’ to mitigate unnecessary loss The
Contract Compensation Read More »
Rescission Introduction and Overview Both the common law and equity recognise that, in certain circumstances, a party may have a right a right to rescind, avoid or “set aside” an overview effective transaction. Prior to rescission, the transaction is voidable rather than void à valid and effective, albeit subject to avoidance at the election of
Contract Rescission Read More »
Rescission Nature of the Remedy (general) Rescission is the reversal of a transaction so that each party is restored to its original position. Rescission is a remedy of both the common law and equity. Common law rescission is confined to contracts, but rescission in equity extends to gifts and other transactions. Rescission and termination (void
Remedies from rescission to restitution Read More »
Nature One of laws most potent and used remedies Purpose: It orders a person to do an act or not to do an act Typical injunctions is prohibitory or negative injunction- retrains or forbids D from engaging in wrongful act such as breaching a trust, trespassing on land, etc. Less common is mandatory or positive
Indigenous Acknowledgement
We acknowledge the Australian Aboriginal and Torres Strait Islander peoples as the first inhabitants of the nation and the traditional custodians of the lands where we live, learn and work.
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