December 4, 2017 – 7:06 pm
So, y’all would have noticed that I don’t post much on this blog any more, but I still occasionally blog over at Opinions on High, the Melbourne Law School blog covering the decisions of the High Court of Australia, where I am one of the editors (along with Professor Jeremy Gans). I’ve just written a […]
Just a few days ago, the High Court handed down a decision in Williams v Commonwealth of Australia [2012] HCA 23 in which the Commonwealth government’s school chaplaincy program was found to be invalid because the funding of it was beyond the power conferred by s 61 of the Constitution. However, the chaplaincy program was […]
By Legal Eagle
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Also posted in Law, Politics, Religion
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Tagged chaplaincy program, chaplains, constitutional law, failure of consideration, National School Chaplaincy Program, Restitution, Ron Williams, s 116 of the Constitution, s 61 of the Constitution, ultra vires, unjust enrichment, Williams v Commonwealth
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I am extremely proud to announce that my book has been published today. Here is the little summary from the publisher’s website: This book defends the view that an award of an account of profits (or ‘disgorgement damages’) for breach of contract will sometimes be justifiable, and fits within the orthodox principles and cases in […]
By Legal Eagle
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Also posted in Academia, Books, Economics, England, Equity, Intellectual property, Law, Personal, Philosophy, Tort
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Tagged account of profit, Accounting for Profit for Breach of Contract, Attorney General v Blake, breach of contract, compensation, contract law, deterrence, Equity, fusion fallacy, heresy, house of lords, Intellectual property, Katy Barnett, law and economics, obligations, performance interest, private law, property law, punishment, tort law, vindication
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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 […]
By Legal Eagle
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Also posted in Academia, Equity, Insolvency law, Law, Taxation
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Tagged action for money had and received, blueberry farms, Companies Act, contract law, Equuscorp, failure of consideration, High Court of Australia, illegality, investment schemes, loans, Peter Birks, prospectuses, restitution law, tax minimization, unjust enrichment, void contracts
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October 10, 2011 – 11:12 am
For those small number of readers who are “restitutionally inclined”, you may be interested to hear of a recent decision of the Victorian Supreme Court concerning the change of position defence in TRA Global Pty Ltd v Kebakoska [2011] VSC 480. The case arose when Ms Kebakoska was made redundant by her employer, TRA Global. […]
The latest news from Banking Mistake Land involves faulty ATMs in Sydney. The ABC reports: Consumer groups are calling on the Commonwealth Bank to explain what went wrong with its ATMs on Tuesday, with a glitch resulting in some customers withdrawing excessive amounts from the machines. Police charged two men in Sydney on Wednesday with […]
By Legal Eagle
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Also posted in Equity, Law, Philosophy, Society
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Tagged ATMs, banking mistakes, Commonwealth Bank, criminal law, glitch, mistake, Restitution, Sydney, theft, unjust enrichment
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October 30, 2010 – 8:39 pm
One of my key areas of interest and research involves considering if and when we should strip profit which has been derived from breach of contract. The landmark cases often involve former spies who have published a book without the consent of their former government employers. Such cases are made easier by the fact that […]
By Legal Eagle
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Also posted in Equity, Law, Public Policy, Society, Terrorism
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Tagged account of profits, afghanistan war, australia, Australian politics, Books, contract law, criminal law, David Hicks, disgorgement, disgorgement damages, Guantanamo, Guantanamo Bay, islam, privity, proceeds of crime, Terrorism, United States, United States Military Commission, war on terror
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October 24, 2010 – 7:53 am
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 […]
By skepticlawyer
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Also posted in Academia, Law, Science, Skeptics
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Tagged Academia, doctoral research, evolution, Graeme Turner, humanities, Intelligent Design, NOMA, Non-overlapping magisteria, Peter Birks, PhD, Restitution, Stanley Fish, Stephen Jay Gould
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September 17, 2010 – 2:50 pm
Via the Restitution Discussion Group, a fascinating case…this time a celebrity diner who became violently ill after eating a meal at a celebrity restaurant. From The Independent: Boxing TV host Jim Rosenthal lost a legal bout with chef Heston Blumenthal today as a judge ruled he should not be refunded for a £1,300 meal which […]
By Legal Eagle
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Also posted in Law
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Tagged "little dry nutcakes", Baltic Shipping Co v Dillon, contract, contract law, failure of consideration, food, food poisoning, holidays, Jarvis v Swan Tours, Mikhail Lermontov, restaurant, Restitution, Restitution Discussion Group, unjust enrichment
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September 2, 2010 – 1:51 pm
When I was learning how to drive, my father asked me what kind of car my instructor had. “A white one?” I hazarded. He was just horrified that I had no idea of the make or how many cylinders it had. I’m not a petrol head — cars are simply a tool for getting around […]
By Legal Eagle
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Also posted in Academia, Law, Popular culture
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Tagged breach of confidentiality, breach of contract, confidentiality, contract, disgorgement, disgorgement damages, Popular culture, television, The Stig, Top Gear
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