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Farah Constructions Pty Ltd V Say-Dee Pty Ltd
''Farah Constructions v Say-Dee Pty Ltd'', also known as ''Farah'', is a decision of the High Court of Australia. The case was influential in developing Australian legal doctrines relating to Equity (law), equity, Property law, property, unjust enrichment, and Constructive trusts in English law, constructive trusts, as well as the doctrine of precedent as it applies in Australia. In relation to the doctrine of precedent, the High Court held that Australian intermediate appellate courts and trial judges are bound by earlier decisions of intermediate appellate courts when construing federal and uniform national legislation, as well as Common law, non-statutory law, unless convinced that the earlier decision was 'plainly wrong'. It further held that lower courts in Australia must obey the 'seriously considered Obiter dictum, dicta' of a High Court majority., para 158 The decision also resolved in part the relationship between ''Barnes v Addy'' liability and the Torrens system; th ... [...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] |
Fiduciary Duty
A fiduciary is a person who holds a legal or ethical relationship of trust with one or more other parties (person or group of persons). Typically, a fiduciary prudently takes care of money or other assets for another person. One party, for example, a corporate trust company or the trust department of a bank, acts in a fiduciary capacity to another party, who, for example, has entrusted funds to the fiduciary for safekeeping or investment. Likewise, financial advisers, financial planners, and asset managers, including managers of pension plans, endowments, and other tax-exempt assets, are considered fiduciaries under applicable statutes and laws. In a fiduciary relationship, one person, in a position of vulnerability, justifiably vests confidence, good faith, reliance, and trust in another whose aid, advice, or protection is sought in some matter... In such a relation, good conscience requires the fiduciary to act at all times for the sole benefit and interest of the one who trust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Microcosm Of London Plate 022 - Court Of Chancery, Lincoln's Inn Hall Edited
Microcosm or macrocosm, also spelled mikrokosmos or makrokosmos, may refer to: Philosophy * Microcosm–macrocosm analogy, the view according to which there is a structural similarity between the human being and the cosmos Music * Macrocosm (album), seventh studio album by the German electronic composer Peter Frohmader, released in 1990 * ''Makrokosmos'', a series of four volumes of pieces for piano by American composer George Crumb * "Mic-rocosm", a song by American rapper Prodigy from the album ''Hegelian Dialectic'' * ''Microcosm'' (album), 2010 album by Flow * Microcosm (Bartok), 153 progressive piano pieces written between 1926 and 1939 * ''Microcosmos'' (Drudkh album) * ''Microcosmos'' (Thy Catafalque album) * ''Mikrokosmos'' (Bartók), a cycle of piano pieces written 1926-1939 by Hungarian composer Béla Bartók * ''Mikrokosmos'' (Turovsky), four cycles of lute pieces, ''Mikrokosmos I-IV'', by Ukrainian-American composer Roman Turovsky * ''Mikrokosmos'', pseudonym used ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roger Giles
Roger David Giles is a former judge of the Court of Appeal of the Supreme Court of New South Wales, the highest court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy. He retired as a Judge of Appeal on 23 December 2012. Education Giles was educated at the University of Sydney and the University of Oxford , mottoeng = The Lord is my light , established = , endowment = £6.1 billion (including colleges) (2019) , budget = £2.145 billion (2019–20) , chancellor .... The University of Sydney awarded Giles a Bachelor of Laws in 1966. References Judges of the Supreme Court of New South Wales Living people University of Sydney alumni Alumni of the University of Oxford Year of birth missing (living people) Australian King's Counsel {{Australia-law-bio-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Keith Mason (judge)
Keith Mason, (born 18 February 1947) is a former President of the Court of Appeal of New South Wales, the highest civil court in the State of New South Wales, Australia, which forms part of the Australian court hierarchy, serving between 1997 and 30 May 2008. Mason is currently the chairman of the New South Wales Electoral Commission. Biography Mason graduated from the University of Sydney with degrees in Arts (1967) and law (1970). The university awarded him an honorary doctorate of laws in 2005. Mason was admitted as a solicitor in 1970 and to the New South Wales Bar in 1972. He was appointed as a Queen's Counsel (QC) in 1981. He became president of the Court of Appeal in 1997. Mason was chairman of the New South Wales Law Reform Commission from 1985 to 1987 and 1989 to 1990. He was Solicitor-General of NSW from 1987 to 1997. Mason became president of the Children's Medical Research Foundation in 1995. Mason has also been a justice of the Supreme Court of Fiji. In 2006, h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murray Tobias
Murray Herbert Tobias, (born 1939) is a retired Australian jurist who served as a judge of the Court of Appeal of the Supreme Court of New South Wales between 28 April 2003 and 25 March 2011. Education Tobias studied at The Scots College, Sydney. He graduated in law from the University of Sydney, and subsequently attained a BCL from the University of Oxford.Who's Who in Australia Career Tobias was appointed Queen's Counsel in 1978. From 1993–95, Tobias was President of the NSW Bar Association. In 2003, Tobias was appointed a Judge of Appeal of the NSW Court of Appeal and retired in March, 2011. He continued to serve as an Acting Judge in Appeal until March 2016. Tobias was also a member of the Royal Australian Navy Reserve Legal Panel from 1968, retiring as Head of Panel when he turned 60 with the rank of captain. At the time of his retirement he was a Judge Advocate and a Defence Force Magistrate. Tobias was made a Member of the Order of Australia in the 1998 Austral ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barnes V Addy
''Barnes v Addy'' (1874) LR 9 Ch Appbr>244ref name="citations" /> was a decision of the Court of Appeal in Chancery. It established that, in English trusts law, third parties could be liable for a breach of trust in two circumstances, referred to as the two 'limbs' of ''Barnes v Addy'': knowing receipt and knowing assistance.'' Royal Brunei Airlines v Tan'' 9952 AC 378, 382. Although the decision remains historically significant in common law countries, the House of Lords significantly revised the relevant equitable principles in cases such as '' Royal Brunei Airlines v Tan'' (1995) and ''Dubai Aluminium Co Ltd v Salaam'' (2002). Statement of principle In '' Royal Brunei Airlines v Tan'', the House of Lords described this passage as the "much-quoted dictum" in ''Barnes v Addy'': This passage was adopted by the High Court of Australia as a statement of the 'rule in ''Barnes v Addy in '' Farah Constructions Pty Ltd v Say-Dee Pty Ltd'' (2007).(2007) 230 CLR 89; [111]. F ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NSW Court Of Appeal
The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales. Jurisdiction The Court of Appeal operates pursuant to the . The Court hears appeals In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and ... from a variety of courts and tribunals in New South Wales, in particular the Supreme Court, the Industrial Court of New South Wales, Industrial Court, the Land and Environment Court of New South Wales, Land and Environment Court, the District Court of New South Wales, District Court, the Dust Diseases Tribunal of New South Wales, Dust Diseases Tribunal, the Workers Compensation Commission of New South Wales, Workers Compensation Commission, and the Govern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Palmer (composer)
George Alfred Palmer (born 20 June 1947) is an Australian classical music composer and a former Justice of the Supreme Court of New South Wales. Early life Palmer was born in a British military hospital in Egypt in 1947 while his parents, recently demobilised from the British Army, were awaiting a ship to take them to a new life in Australia. Palmer's family arrived in Sydney when he was 3 months old and he has lived there ever since. He received a Jesuit education at Saint Ignatius' College, Riverview, with particular emphasis on the Classics, languages and history. He graduated in Arts and Law from University of Sydney in 1970. Musical education Palmer studied piano from the age of 10. His most influential teachers were Frank Warbrick and Neta Maughan. Warbrick was a noted Australian concert pianist and a champion of new Australian music from the 1940s onwards. He later taught at the Sydney Conservatorium of Music. Maughan has been one of the most important piano teachers in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trial (law)
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal, which may occur before a judge, jury, or other designated trier of fact, aims to achieve a resolution to their dispute. Types by finder of fact Where the trial is held before a group of members of the community, it is called a jury trial. Where the trial is held solely before a judge, it is called a bench trial. Hearings before administrative bodies may have many of the features of a trial before a court, but are typically not referred to as trials. An appeal (appellate proceeding) is also generally not deemed a trial, because such proceedings are usually restricted to a review of the evidence presented before the trial court, and do not permit the introduction of new evidence. Types by dispute Trials can also be divided by the type of d ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Partnership
A partnership is an arrangement where parties, known as business partners, agree to cooperate to advance their mutual interests. The partners in a partnership may be individuals, businesses, interest-based organizations, schools, governments or combinations. Organizations may partner to increase the likelihood of each achieving their mission and to amplify their reach. A partnership may result in issuing and holding equity or may be only governed by a contract. History Partnerships have a long history; they were already in use in medieval times in Europe and in the Middle East. According to a 2006 article, the first partnership was implemented in 1383 by Francesco di Marco Datini, a merchant of Prato and Florence. The Covoni company (1336-40) and the Del Buono-Bencivenni company (1336-40) have also been referred to as early partnerships, but they were not formal partnerships. In Europe, the partnerships contributed to the Commercial Revolution which started in the 13th centur ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crossclaim
A crossclaim is a claim asserted between codefendants or coplaintiffs in a case and that relates to the subject of the original claim or counterclaim according to ''Black's Law Dictionary''. A cross claim is filed against someone who is a co-defendant or co-plaintiff to the party who originates the crossclaim. In common law, a crossclaim is a demand made in a pleading that is filed against a party which is on the "same side" of the lawsuit. U.S. federal courts In the Federal Rules of Civil Procedure this is codified iRule 13(g) In the federal rules, a crossclaim is proper if it relates to a matter of the original jurisdiction. Proper jurisdiction is determined by a finding of whether the suit that is being initiated arises from the same transaction or occurrence that is the subject matter of the suit. Crossclaims, like joinder In law, a joinder is the joining of two or more legal issues together. Procedurally, a joinder allows multiple issues to be heard in one hearing or t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
