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General Steel Industries Inc V Commissioner For Railways (NSW)
General Steel Industries v Commissioner for Railways is a decision of the High Court of Australia. The case is notable in Australian jurisprudence for the principles that apply to summary terminations of proceedings. According to LawCite, it is the 14th most cited decision of the High Court.Note: LawCite citation statistics track the written judgements of courts, journal articles, and tribunals. (both in Australia and overseas) https://www.austlii.edu.au/cgi-bin/LawCite?cit=&party1=&party2=&court=High%2BCourt%2Bof%2BAustralia&juris=&article=&author=&year1=&year2=&synonyms=on&filter=on&cases-cited=&legis-cited=§ion=&large-search-ok=1&sort-order=citedNote: data is as of September 2020 Facts General Steel Industries commenced an action against the Commissioner for Railways, seeking injunctions. It sought to restrain the infringement of a patent granted under the Patents Act. The defendants requested that the court set aside the plaintiff's claim, on the grounds that the plain ...
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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 ...
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Garfield Barwick
Sir Garfield Edward John Barwick, (22 June 190313 July 1997) was an Australian judge who was the seventh and longest serving Chief Justice of Australia, in office from 1964 to 1981. He had earlier been a Liberal Party politician, serving as a minister in the Menzies government from 1958 to 1964. Barwick was born in Sydney, and attended Fort Street High School before going on to study law at the University of Sydney. He was called to the bar in 1927 and became one of Australia's most prominent barristers, appearing in many high-profile cases and frequently before the High Court. He served terms as president of the NSW Bar Association and the Law Council of Australia. Barwick entered politics only at the age of 54, winning election to the House of Representatives at the 1958 Parramatta by-election. Prime Minister Robert Menzies made him Attorney-General by the end of the year, and in 1961 he was additionally made Minister for External Affairs. In 1964, Menzies nominated ...
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Summary Judgment
In law, a summary judgment (also judgment as a matter of law or summary disposition) is a judgment entered by a court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ... for one party and against another party summarily, i.e., without a full Trial (law), trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case. The formulation of the summary judgment standard is stated in somewhat different ways by courts in different jurisdictions. In the United States, the presiding judge generally must find there is "no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." In England and Wales, the court rules for a party without a full trial when "the claim, defence or issue has no real prospect of suc ...
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Abuse Of Process
An abuse of process is the unjustified or unreasonable use of legal proceedings or process to further a cause of action by an applicant or plaintiff in an action. It is a claim made by the respondent or defendant that the other party is misusing or perverting regularly issued court process (civil or criminal) not justified by the underlying legal action. In common law it is classified as a tort distinct from the intentional tort of malicious prosecution. It is a tort that involves misuse of the public right of access to the courts. In the United States it may be described as a legal process being commenced to gain an unfair litigation advantage. The elements of a valid cause of action for abuse of process in most common law jurisdictions are as follows: (1) the existence of an ulterior purpose or motive underlying the use of process, and (2) some act in the use of the legal process not proper in the regular prosecution of the proceedings. Abuse of process can be distinguished from ...
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Civil Procedure In Australia
Civil may refer to: *Civic virtue, or civility *Civil action, or lawsuit * Civil affairs *Civil and political rights *Civil disobedience *Civil engineering *Civil (journalism), a platform for independent journalism *Civilian, someone not a member of armed forces *Civil law (other), multiple meanings *Civil liberties *Civil religion *Civil service *Civil society *Civil war *Civil (surname) Civil is a surname. Notable people with the surname include: *Alan Civil (1929–1989), British horn player *François Civil (born 1989), French actor * Gabrielle Civil, American performance artist *Karen Civil (born 1984), American social media an ...
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Australian Patent Law
Australian patent law is law governing the granting of a temporary monopoly on the use of an invention, in exchange for the publication and free use of the invention after a certain time. The primary piece of legislation is the Patents Act 1990. Patents are administered by the Commonwealth Government agency IP Australia. Australia is a member state of the World Intellectual Property Organization (WIPO), and compliant with Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). This makes Australian patent law broadly comparable with patent law in other major countries. Key features Australia has two kinds of patent available: * a standard patent with a term of 20 years * an innovation patent, with a lower threshold for inventiveness, and a maximum term of 8 years. Innovation patents have a faster approval process and lower fees. Australia operates a first to file system, like much of the rest of the world. Australian patent databases The AusPat Patent databa ...
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List Of High Court Of Australia Cases
This article contains a list of notable cases decided by the High Court of Australia. Citation numbers for the decisions are as tracked bLawCite a citation tracker managed by the Free Access to Law Movement. Note: LawCite citation statistics track the written judgements of courts, journal articles, and tribunals. (both in Australia and overseas). List is . * References {{reflist See also * List of Privy Council cases *List of Court of Disputed Returns cases *List of Federal Court of Australia cases *List of Australian Supreme Court cases Lists of case law cover instances of case law, legal decisions in which the law was analyzed to resolve ambiguities for deciding current cases. They are organized alphabetically, by topic or by country. Alphabetical lists These lists are pan-j ... High Court * High Court of Australia Australian case law ...
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High Court Of Australia Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * " ...
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Australian Case Law
Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Australians, indigenous peoples of Australia as identified and defined within Australian law * Australia (continent) ** Indigenous Australians * Australian English, the dialect of the English language spoken in Australia * Australian Aboriginal languages * ''The Australian'', a newspaper * Australiana, things of Australian origins Other uses * Australian (horse), a racehorse * Australian, British Columbia, an unincorporated community in Canada See also * The Australian (other) * Australia (other) * * * Austrian (other) Austrian may refer to: * Austrians, someone from Austria or of Austrian descent ** Someone who is considered an Austrian citizen, see Austrian nationality law * Austrian German dialect * Someth ...
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