Tag Archives: Peter Birks

Restitution and illegality

The High Court has just handed down a case dealing with the question of the availability of an action for money had and received when certain contracts have been found to be unenforceable as a result of illegality: see Equuscorp Pty Ltd v Haxton [2012] HCA 7. Facts: The facts of the case are rather […]

First cut is the deepest

In an attempt to drain the pus from the festering debate between science and religion — mainly over things like the teaching of ‘intelligent design’ in US schools — paleontologist Stephen Jay Gould came up with the notion of ‘Non Overlapping Magisteria’. He argued that: The magisterium of science covers the empirical realm: what the Universe is […]