Tag Archives: High Court of Australia

Malaysian refugee “solution” on hold after legal action

In May this year, our government proposed a “solution” to the increasing arrival of refugees: deport 800 asylum seekers who arrive by boat and swap them with 4000 refugees from Malaysian camps over four years. The first 15 or 16 asylum seekers were to be flown out this morning (8 August 2011), but yesterday Hayne […]

Charitable purposes and political purposes – the High Court forges a new approach

As I’ve explained in a previous post, for a trust with a purpose to be valid, it has to establish that it has a “charitable purpose”. But the whole charities issue is complicated by another factor. One of the very large perks of charitable status is that charities get tax benefits. This is an important […]

More duty to restrain drink drivers

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 […]

When is a trust not a trust?

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 […]

The Associate

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 […]

Efficient breach canned by HCA

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 […]