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Transport police found entitled to detain passenger so as to check for valid Opal card

The New South Wales Court of Appeal in State of New South Wales v Le [2017] NSWCA 290 has found that transport police had the power to detain a passenger for the purpose of checking that he had a valid

Posted in Brief notes

Commonwealth parliamentarians disqualified by reason of s 44(i) of the Constitution

Introduction The High Court of Australia sitting as the Court of Disputed Returns in Re Canavan; Re Ludlam; Re Waters; Re Roberts [No 2]; Re Joyce; Re Nash; Re Xenophon [2017] HCA 45 has found that five members or former

Posted in Brief notes

Financial services licensee ordered to pay pecuniary penalties for breach of the FOFA reforms

Earlier this year, in Australian Securities and Investments Commission, in the matter of NSG Services Pty Ltd v NSG Services Pty Ltd [2017] FCA 345, Moshinsky J of the Federal Court of Australia had found that a financial services licensee

Posted in Brief notes

No contract found to arise from terms agreed at mediation for the transfer of real property

In Al Azhari v 27 Scott Street Pty Ltd [2017] VSC 600, Almond J of the Supreme Court of Victoria has held that no contract arose from mediation terms providing for the transfer of real property which had been agreed

Posted in Brief notes

Proceedings dismissed for failure to pay security for costs

Under r 51.50(1) of the Uniform Civil Procedure Rules 2005 (NSW), the New South Wales Court of Appeal may, in special circumstances, order that such security as the Court thinks fit be given for costs of an appeal. Rule 51.50(2A)

Posted in Brief notes

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