February 3, 2010 – 9:01 pm
A friend alerted to me to an interesting case reported in the New York Times involving monetary restitution to a victim of child pornography who goes by the pseudonym “Amy”. When she was 8 or 9 years old, Amy’s uncle had filmed her in a series of pornographic photographs known as the “Misty” series. Amy [...]
By Legal Eagle
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Also posted in Children, Human/Civil rights, Law, Restitution, Society, anthony daniels
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Tagged aims of criminal law, child abuse, child endangerment, criminal law, Restitution, restitution for wrongs, rights of the child
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December 7, 2009 – 9:46 am
I went to an interesting seminar the other day on breach of confidence law. The seminar included a number of speakers and spanned Australian, UK and US law on the subject, as well as a historical consideration of the piecemeal manner in which breach of confidence law developed. Apparently breach of confidence was a relative [...]
By Legal Eagle
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Also posted in Academia, Free Speech, Intellectual property, Law, Media, Privacy, Public Policy
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Tagged breach of confidence, breach of privacy, European Convention on Human Rights, giller v procopets, max mosely
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November 9, 2009 – 8:05 pm
I was fascinated to see that the first case under the new s 4AA of the Family Law Act 1975 (Cth) has been settled out of court. According to the recent article in the Herald Sun: A cheating husband has paid his former lover more than $100,000 under Australia’s new “mistress laws”. In the first [...]
By Legal Eagle
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Also posted in Children, Economics, Law, Marriage, Personal liberty, Public Policy
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Tagged Cass Sunstein, concubine, contracts, family law, mistress, polygamy, polygyny, Richard Thaler
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October 19, 2009 – 5:45 pm
Via the Restitution Discussion Group (yes, there really is such a thing), I hear that the Australian High Court has indulged in yet another snark at unjust enrichment. Is it just me, or are these self-righteous little rants getting boring? The case is Bofinger v Kingsway Group Limited [2009] HCA 44. The issue raised is [...]
I was at an event for restitution lawyers the other day, when one of the academics present made a good point. She said that she thought restitution lawyers had “tidy minds”. They wanted the law to be tidy. I think she is absolutely correct. The desire is that like cases be treated alike, regardless of [...]
February 13, 2009 – 8:31 pm
What happens when you sign a contract? How binding is it? Can you force the other side to perform their side of the bargain? Non-lawyers might be surprised to learn that from the perspective of contractual remedies, the principal remedy is damages, with specific performance of the contractual obligation said to be a secondary remedy [...]
January 25, 2009 – 8:21 pm
I must be behind the eight-ball at the moment – how else could I have missed Eoin’s post at Cearta.ie on restitutionary liability and Bernie Madoff’s failed investment schemes? The Madoff case involves an alleged Ponzi scheme, or a scheme where early investors are actually being paid money received from later investors rather than true [...]
December 12, 2008 – 8:03 am
Love rats, beware. If you decide to humiliate your ex by showing videos or photos of your ex in a compromising position, you may be liable for damages for breach of confidence. This is a result of the Victorian Court of Appeal’s decision in Giller v Procopets [2008] VSCA 236, in which it was decided [...]
November 25, 2008 – 11:30 am
There may be a whole string of cases coming your way?! In news today, it was reported that the Commonwealth Bank online banking has been thrown into chaos: Turmoil has hit the Commonwealth Bank’s online banking system after it duplicated customer transactions. The double-up, caused by an overnight processing error, has affected NetBank customers, the [...]
November 22, 2008 – 5:24 pm
In a recent speech delivered at Queensland University of Technology, Kirby J has delivered a rebuke to the Equity gurus on the High Court, namely Gummow and Heydon JJ. The title of the speech itself is stinging enough: ‘Equity’s Australian isolationism’. Kirby J mounts a three-pronged attack on the approach of the current High Court [...]
