Two recent decisions of the Full Court of the Federal Court of Australia, Wilmink v Westpac Banking Corporation and Atkinson v Commissioner of Taxation, should serve as a warning to self-represented litigants not to pursue hopeless and nonsensical claims. In…
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A warning to self-represented litigants – Don’t pursue hopeless and nonsensical claims!
Posted in Papers
Indefeasibility of title – the ambit of the “fraud” exceptions
An important exception to the indefeasibility of title of registered proprietors of land under Torrens legislation is fraud. The High Court in Cassegrain v Gerard Cassegrain & Co Pty Ltd recently clarified the ambit of the “fraud” exceptions to the…
Posted in Papers
Self-represented litigants and non-practitioner representatives conducting superior court litigation
Proper preparation and presentation of a case before a superior court is not an easy task, even for a very experienced legal practitioner. Not surprisingly then, a self-represented litigant or non-practitioner representative is likely to struggle when conducting such proceedings…
Posted in Papers
The Graywinter principle – quantification of an offsetting claim is not necessary
Authority now favours a less strict view of the scope of the Graywinter principle. A recent example of this can be seen in Pravenkav Group Pty Ltd v Diploma Construction (WA) Pty Ltd [No 3] where a company challenged a…
Posted in Papers
Disallowance of FOFA regulations
The Corporations Amendment (Streamlining Future of Financial Advice) Regulation 2014 which implemented many key changes to the Future of Financial Advice (FOFA) legislation pending Parliament’s consideration of the Corporations Amendment (Streamlining of Future of Financial Advice) Bill 2014 was disallowed…
Posted in News
