|
Commonwealth V Verwayen
''Commonwealth v Verwayen'', also known as the ''Voyager case'',. is a leading case involving estoppel in Australia. Bernard Verwayen sued the Australian government for damages caused by a collision between two ships of the Australian Navy. A representative of the Government initially indicated to Bernard Verwayen that the Government would not raise the statute of limitations as a defence to their negligence. In court however, the Government relied on this defence. While the decision of the High Court was split, a majority of judges found that the Government could not rely on this statement as a defence. Justices Toohey and Gaudron came to this conclusion on the basis that the Government had waived their right to rely on this defence. However, Justices Deane and Dawson came to this conclusion under the doctrine of estoppel, which provides that a defendant can not contradict a previous representation or promise made that has established an assumed state of legal affairs. This c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victor Windeyer
Major General Sir William John Victor Windeyer, (28 July 1900 – 23 November 1987) was an Australian judge, soldier, educator, and a Justice of the High Court of Australia. Early life and career Windeyer was born in Sydney, into a legal family: his father, William Archibald Windeyer (1871–1943) was a Sydney solicitor, his uncle, Richard Windeyer, was a King's Counsel, his grandfather, William Charles Windeyer, was twice Attorney-General of New South Wales and Judge of the Supreme Court of New South Wales, and his great-grandfather, Sir Richard Windeyer, was a barrister and member of the first elected Parliament of New South Wales, sitting in the New South Wales Legislative Council. Windeyer studied at Sydney Grammar School and later at the University of Sydney, graduating with a Bachelor of Arts in 1922 (winning the university medal in history) and a Bachelor of Laws (LLB) in 1925. In 1925, Windeyer was admitted to the New South Wales Bar Association. From 1929 to 1940, he l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Waltons Stores (Interstate) Ltd V Maher
''Waltons Stores (Interstate) Ltd v Maher'',. is a leading case in Australian contract law. The Australian High Court decided that estoppel, in certain circumstances could be a cause of action. Facts Maher owned some property with buildings on it in Nowra. He was negotiating with a department store company called Waltons Stores (at the time controlled by the Bond Corporation) for a lease of the land. They wanted an existing building to be demolished and a new one erected. In reliance on representations made before a contract was completed, Maher demolished the building and started to erect a new one. But the contract never came to completion because Waltons Stores did not sign the lease as Maher had yelled at them and become hostile towards them. Waltons told their solicitors to slow the deal while they did further investigations as to whether the transaction would be good business, but allowed Maher to remain under the impression that the deal would be completed. Judgment The ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Consideration
Consideration is a concept of English common law and is a necessity for simple contracts but not for special contracts (contracts by deed). The concept has been adopted by other common law jurisdictions. The court in ''Currie v Misa'' declared consideration to be a “Right, Interest, Profit, Benefit, or Forbearance, Detriment, Loss, Responsibility”. Thus, consideration is a promise of something of value given by a promissor in exchange for something of value given by a promisee; and typically the thing of value is goods, money, or an act. Forbearance to act, such as an adult promising to refrain from smoking, is enforceable if one is thereby surrendering a legal right. Consideration may be thought of as the concept of value offered and accepted by people or organisations entering into contracts. Anything of value promised by one party to the other when making a contract can be treated as "consideration": for example, if A contracts to buy a car from B for $5,000, A's c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
King's Bench Division
The King's Bench Division (or Queen's Bench Division when the monarch is female) of the High Court of Justice deals with a wide range of common law cases and has supervisory responsibility over certain lower courts. It hears appeals on points of law from magistrates' courts and from the Crown Court. These are known as appeals by way of case stated, since the questions of law are considered solely on the basis of the facts found and stated by the authority under review. Specialised courts of the King's Bench Division include the Administrative Court, Technology and Construction Court, Commercial Court, and the Admiralty Court. The specialised judges and procedures of these courts are tailored to their type of business, but they are not essentially different from any other court of the King's Bench Division. Appeals from the High Court in civil matters are made to the Court of Appeal (Civil Division); in criminal matters appeal from the Divisional Court is made only to the S ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Central London Property Trust Ltd V High Trees House Ltd
''Central London Property Trust Ltd v High Trees House Ltd'' 947KB 130 is a famous English contract law decision in the High Court. It reaffirmed and extended the doctrine of promissory estoppel in contract law in England and Wales. However, the most significant part of the judgment is ''obiter dicta'' as it relates to hypothetical facts; that is, the landlord did ''not'' seek repayment of the full wartime rent. Denning J held estoppel to be applicable if Facts High Trees House Ltd leased a block of flats in Clapham, London from Central London Property Trust Ltd. The agreement was made in 1937 and specified an annual ground rent of £2,500. The outbreak of World War II in September 1939 led to a downturn in the rental market. High Trees struggled to find tenants for the property and approached Central London Property Trust in January 1940 to request that the rent be lowered. A reduction to £1,250 per year was agreed in writing, though the duration was not specified and no ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Norman O'Bryan (1930–2013)
The Honourable Sir Norman John O'Bryan, QC (16 October 1894 – 5 June 1968) was an Australian barrister and judge who sat on the Supreme Court of Victoria from 1939 to 1966. Early life and education Norman John O'Bryan was born on 16 October 1894 in South Melbourne to a bank manager, Michael John O'Bryan, and his wife Mary Ann, ''née'' Gleeson. He attended the University of Melbourne and graduated in 1915 with a law degree, finishing top in his year.J. Mcl. Young"O'Bryan, Sir Norman John (1894–1968)" ''Australian Dictionary of Biography'' (online edition, Australian National University; first published in print, 2000). Retrieved 17 March 2018. Career O'Bryan was articled to Plante & Henry, and admitted as a solicitor and called to the bar in 1916. He then served in France during the First World War as an officer in the Australian Field Artillery. Returning to Australia at the close of 1919, O'Bryan joined L. B. Cussen's chambers as a pupil in February 1920, thus beginni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victorian Reports
The Victorian Reports (VR) are a series of law reports which report significant cases from the Supreme Court of Victoria in its first decisions and appeal decisions jurisdictions. The reports were initially titled the Victorian Law Reports (VLR) (1875 to 1956), before adopting their present title in 1957. Earlier equivalent reports, published between 1847 and 1851, had been known as "Williams practice cases" and "A'Beckett's reserved judgments". In 2016, Little William Bourke commenced publishing the Victorian Reports. The new portal contains both the VRs and the VLRs (1875 to date) in a searchable format. See also * List of Law Reports in Australia Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published ... References Supreme Court of Victoria Case law reporters {{Austr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frank Vincent (judge)
Frank Hollis Rivers Vincent (born 3 October 1937) is a retired Australian jurist, who was a Court of Appeals justice at the Supreme Court of Victoria from 2001 to 2009. He obtaining a Bachelor of Laws from the Melbourne University Law School. He was appointed Judge of the Supreme Court of Victoria on 30 April 1985, and elevated to the Court of Appeals in 2001. From 2001 to 2009, he was also Chancellor of Victoria University, Australia, Victoria University in Melbourne. Vincent retired from the Court on 20 August 2009. In the 2007 Australia Day Honours he was appointed Order of Australia - General Division “for service to the judiciary and the law as a contributor to the reform of penal and parole systems, the rehabilitation of offenders, and Indigenous Australians involved with the criminal justice system; and to education as Chancellor of Victoria University, including efforts to increase educational opportunities for disadvantaged youth.” Since 2012, Vincent has been a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Master (judiciary)
A master is a judge of limited jurisdiction in the superior courts of England and Wales and in numerous other jurisdictions based on the common law tradition. A master's jurisdiction is generally confined to civil proceedings and is a subset of that of a superior court judge or justice. Masters are typically involved in hearing specialized types of trials, case management, and in some jurisdictions dispute resolution or adjudication of specific issues referred by judges. Besides the courts of England and Wales, masters may be found in the Republic of Ireland, Australia, New Zealand, Hong Kong, several Caribbean countries and a number of Canadian provinces. Several state courts in the United States utilize masters or similar officers and also make extensive use of special masters. In some jurisdictions such as the Federal Court in Canada the office of Prothonotary is similar to that of the master. In some countries, the office of master has been renamed to Associate Judge. To d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Victoria
The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court comprises two divisions: the Trial Division, which oversees its original jurisdiction, and the Court of Appeal, which deals with its appellate jurisdiction, and is frequently referred to as a court in its own right. Although the Supreme Court is theoretically vested with unlimited jurisdiction, it generally only hears, at trial, criminal cases in instances of murder, manslaughter or treason, and civil cases where the statement of claim is in excess of the Magistrates' Court limit of $100,000. The court hears appeals from the County Court, as well as limited appeals from the Magistrates' Court. Decisions of the Supreme Court are appealable to the High Court of Australia. The building itself is on the Victorian Heritage Register. Jurisdiction Th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Government Solicitor
The Australian Government Solicitor (AGS) is an Australian public servant and a federal government agency of the same name which provides legal advice to the federal government and its agencies. AGS was originally the Crown Solicitor's Office, which was established on 1 July 1903 on the appointment of Charles Powers as the first Commonwealth Crown Solicitor. With a major restructure of the Attorney-General's Department from 1983 to 1984, the Crown Solicitor's Office became the Office of the Australian Government Solicitor, with Crown Solicitor Tom Sherman appointed the first Australian Government Solicitor. Some functions of the Crown Solicitor's Office were transferred to other parts of the Attorney-General's Department. In 1999, the Australian Government Solicitor ceased being an office held by an individual, and instead became a government business enterprise, headed by a CEO, separate from the Attorney-General's Department. On 1 July 2015, AGS was consolidated within the Att ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
