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Jones V Dunkel
Jones v Dunkel is a decision of the High Court of Australia, concerning inferences that may be drawn when a party fails to give evidence. The case is notable for having originated 'the rule in ''Jones v Dunkel'''; an important rule in Australian civil procedure. (2005) 68 ''Precedent Australian Lawyers Alliance'' 41 – via Austlii. ''Jones v Dunkel'' is the tenth 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). Facts The husband of the plaintiff, Jones, had been killed in a traffic accident on the Hume Highway. His truck had been found crashed on the side of the road, with the front of his cabin crushed in on the off-side. Found nearby that wreck was another truck, which had been driven by Hegedus, an employee of the Defendant Dunkel. Hegedus was not killed but was hurt. Hegedus' truck was also badly damaged. Hegedus had given a written statemen ...
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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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Owen Dixon
Sir Owen Dixon (28 April 1886 – 7 July 1972) was an Australian judge and diplomat who served as the sixth Chief Justice of Australia. A judge of the High Court for thirty-five years, Dixon was one of the leading jurists in the English-speaking worldGraham Perkin Its Most Eminent Symbol Hidden by The Law (published in The Age on 23 September 1959) and is widely regarded as Australia's greatest-ever jurist. Education Dixon was born in Hawthorn in suburban Melbourne in 1886. His father, JW Dixon, was a barrister and subsequently a solicitor. He attended Hawthorn College and later the University of Melbourne, graduating with an Arts degree in 1907. During this time, he developed his lifelong love of the classics from his classical philology professor, Thomas George Tucker. He was also influenced by professor of law, William Harrison Moore. His B.A. became an M.A., as was the custom then, a year later upon the payment of a small fee. He then studied law at Melbourne Law Sc ...
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Chief Justice Of Australia
The Chief Justice of Australia is the presiding Justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. The incumbent is Susan Kiefel, who is the first woman to hold the position. Constitutional basis The office of Chief Justice of the High Court is established under section 71 of the Australian Constitution, which establishes the High Court as consisting of a chief justice and at least two other Justices. The court was constituted by, and its first members were appointed under, the Judiciary Act 1903, with the first appointments to the High Court commencing on 5 October 1903. Role The Chief Justice is first among equals among the Justices of the High Court, and the position differs little from that of the other justices. All Justices, including the Chief Justice, are appointed by the governor-general of Australia, on the advice of the federal government. They can be removed only by the governor-general, on a reque ...
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Alan Taylor (Australian Judge)
Sir Alan Russell Taylor KBE QC (25 November 1901 – 3 August 1969) was an Australian judge who served as a Justice of the High Court of Australia from 1952 until his death in 1969. Early life Taylor was born in 1901 in Newcastle, New South Wales. Brought up in an Anglican family, Taylor initially wanted to join the church, but obtained a job as a public servant while waiting to study to be a priest, and was eventually employed in the office of the Solicitor-General of Australia, where he developed an interest in law. Taylor studied at Fort Street Boys' High School and the University of Sydney, graduating with a Bachelor of Laws degree, with honours, in 1926. Later that year, Taylor was admitted to the New South Wales Bar. In 1933, he married Ceinwen Williams, with whom he would later have a son and a daughter. Career as a lawyer From 1933 to 1938, was a Challis Lecturer in the law school at the University of Sydney, teaching equity and company law. He was made a King's ...
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Kitto
Kitto is a surname. Notable people with the surname include: * Ernest Kitto (1871–1897), Scottish cricketer * Frank Kitto (1903–1994), Australian high court justice * H. D. F. Kitto (1897–1982), British classical Greek scholar * John Kitto (1804–1854), British Bible scholar *John Fenwick Kitto (1837–1903), English Anglican clergyman * Stanislav Kitto (born 1972), Estonian professional footballer See also * Kitto Line The is a railway line on the island of Kyushu, Japan. It connects Yoshimatsu Station in Yūsui, Kagoshima Prefecture with Miyakonojō Station in Miyakonojō, Miyazaki Prefecture. It is also known as together with the – segment of the H ..., Japanese railway line {{surname ...
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Menzies
Menzies is a Scottish surname, with Gaelic forms being Méinnearach and Méinn, and other variant forms being Menigees, Mennes, Mengzes, Menzeys, Mengies, and Minges. Derivation and history The name and its Gaelic form are probably derived from the Norman name Mesnières, from the town of Mesnières-en-Bray in Normandy.David HeyClan Menzies website/ref> Pronunciation The name is traditionally pronounced — and still is in Scotland — . The current spelling arose when the similar-looking tailed variant of the letter (i.e., ) was used as a substitute for the now obsolete letter (yogh) in the Scots language (). However, outside Scotland it is often erroneously given the spelling-pronunciation . A Scottish limerick plays on the traditional, correct pronunciation: There wis a young lassie named Menzies, That askit her aunt whit this thenzies. Said her aunt wi a gasp, "Ma dear, it's a wasp, An you're haudin the end whaur the stenzies!" The second and fifth lines are pron ...
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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 ...
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Justices
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial pa ...
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Civil Procedure
Civil procedure is the body of law that sets out the rules and standards that courts follow when adjudicating civil lawsuits (as opposed to procedures in criminal law matters). These rules govern how a lawsuit or case may be commenced; what kind of service of process (if any) is required; the types of pleadings or statements of case, motions or applications, and orders allowed in civil cases; the timing and manner of depositions and discovery or disclosure; the conduct of trials; the process for judgment; the process for post-trial procedures; various available remedies; and how the courts and clerks must function. Differences between civil and criminal procedure In most cases, criminal prosecutions are pursued by the state in order to punish offenders, although some systems, such as in English and French law, allow private citizens to bring a private prosecution. Conversely, civil actions are initiated by private individuals, companies or organizations, for their own benef ...
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Bowning And Hume Highway From The Air
Bowning is a small town in the Southern Tablelands, west of Yass on the Hume Highway in Yass Valley Shire. Bowning is an aboriginal word meaning 'big hill'. At the , Bowning and the surrounding area had a population of 573. Nearby Bowning Hill is and Hume and Hovell mentioned it in their 1824 journal. Bowning was one of the earliest settlements in the district. Historic buildings include the ''Troopers Cottage'' on the Binalong Road and the old Cobb and Co Coaching Station in Bogolong Street. The coaching station was built sometime between 1850 and 1870. The original local school was amongst the earliest established schools in inland New South Wales, founded in 1849, but now replaced. Railway Bowning railway station is on the Main South railway line, and opened in 1876 consisting of two island platforms.Bow ...
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Hume Highway
Hume Highway, inclusive of the sections now known as Hume Freeway and Hume Motorway, is one of Australia's major inter-city national highways, running for between Melbourne in the southwest and Sydney in the northeast. Upgrading of the route from Sydney's outskirts to Melbourne's outskirts to dual carriageway was completed on 7 August 2013. From north to south, the road is called Hume Highway in metropolitan Sydney, Hume Motorway between the Cutler Interchange and Berrima, Hume Highway elsewhere in New South Wales and Hume Freeway in Victoria. It is part of the Auslink National Network and is a vital link for road freight to transport goods to and from the two cities as well as serving Albury-Wodonga and Canberra. Route At its Sydney end, Hume Highway begins at Parramatta Road, in Ashfield. This route is numbered as A22. The first of the highway was known as Liverpool Road until August 1928, when it was renamed as part of Hume Highway, as part of the creation of the N ...
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Frank Kitto
Sir Frank Walters Kitto, (30 July 1903 – 15 February 1994), Australian judge, was a Justice of the High Court of Australia. Early life and education Kitto was born in Melbourne in 1903, but his family moved to Sydney, when his father, James Kitto, became the Deputy Director of Posts and Telegraphs in New South Wales. There, he was educated at North Sydney Boys' High School. He later studied at the University of Sydney, where he graduated with a Bachelor of Arts and a Bachelor of Laws with Honours, while also winning a Pitt Cobbett Prize in the Faculty of Law. Career From 1921 to 1927, Kitto worked for the Solicitor-General of New South Wales, and after this time he was admitted to the New South Wales Bar, where he practised as a barrister. His specialities were equity and Australian constitutional law. From 1930 to 1933 he was a lecturer at the University of Sydney, teaching bankruptcy and probate law in the Sydney law school. In 1932, while still a junior counsel, he a ...
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