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Tag Archives: High Court of Australia

More duty to restrain drink drivers

November 13, 2009 – 6:32 am

I did a post at the beginning of the year on the liability of publicans to restrain drunk patrons from driving home. To recap briefly: a drunken patron (Mr Scott) died after his motorcycle crashed, and his wife sued the licensee for failing to restrain him. A majority of the Full Court of the Supreme [...]

By Legal Eagle | Posted in Law, Personal liberty, Public Policy, Society | Also tagged , , , | Comments (18)

When is a trust not a trust?

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 [...]

By Legal Eagle | Posted in Equity, Insolvency law, Law, Northern Ireland, Restitution, Wales, scotland | Also tagged , , | Comments (15)

The Associate

April 4, 2009 – 3:56 pm

The former High Court Justice Michael Kirby wrote a piece in The Australian the other day about the role of the judges’ associate. For the non-lawyer, a judge has one or two legally trained assistants to help him or her – these are called associates or clerks. Kirby described the job thusly: Long hours, a [...]

By Legal Eagle | Posted in Law | Also tagged , , | Comments (13)

Efficient breach canned by HCA

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 [...]

By Legal Eagle | Posted in Academia, Economics, Equity, Law, Restitution | Also tagged , , | Comments (15)