The High Court of Australia in Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29 has held that the so-called ‘Chorley exception’, a rule of practice which entitles a self-represented litigant who is a solicitor to recover professional costs, was…
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Spent convictions not to be taken into account by AAT on review of ASIC decision to impose banning order
The High Court of Australia in Frugtniet v Australian Securities and Investments Commission [2019] HCA 16 has held that spent convictions which the Australian Securities and Investments Commission (“ASIC“) was prohibited from taking into account in deciding to make a…
Posted in Brief notes
Proposed acquisition notices in respect of land for WestConnex tunnels held valid
The Supreme Court of New South Wales in Cappello v Roads and Maritime Services [2019] NSWSC 439 has held that proposed acquisition notices given by Roads & Maritime Services (“RMS”) in respect of an underground stratum of land which RMS…
Posted in Brief notes
‘Prasad direction’ held contrary to law
The High Court of Australia in Director of Public Prosecutions Reference No 1 of 2017 [2019] HCA 9 has found that the direction commonly referred to as the ‘Prasad direction’ is contrary to law and should not be administered to…
Posted in Brief notes
No estoppel where mistaken belief as to date when option lapsed was not due to grantor’s conduct
The New South Wales Court of Appeal in Carbone as Trustee for the S & N Carbone Family Trust v Mills [2019] NSWCA 15 has found that a mistaken belief as to the date on which an option to purchase…
Posted in Brief notes
