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Leahy V Attorney-General For New South Wales
''Leahy v Attorney-General for New South Wales'' is an Australian and English trusts law case involving a charitable trust, heard by the High Court of Australia in 1958, and the Privy Council in 1959.; The proceeding concerned the validity a gift to an unincorporated body, concluding that gifts in trust "cannot be made to a purpose or to an object" except for charitable circumstances. Background At the heart of the case was the rule against perpetuities, which is a common law rule that "no interest is good unless it must vest, if at all, not later than twenty-one years after some life in being at the creation of the interest". The rule against perpetuities does not apply to trusts that are purely charitable, or more accurately, to an immediate gift of capital to a charity, even though the trust may last forever. (1979) 8(3) Sydney Law Review 620. A gift to an identified class that contained both charitable and non-charitable bodies would be subject to the rule against perpetui ... [...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] |
Lionel Cohen, Baron Cohen
Lionel Leonard Cohen, Baron Cohen, PC (1 March 1888 – 9 May 1973), was a British barrister and judge. Early life and career Cohen was born in London, the only child of Sir Leonard Lionel Cohen, KCVO, a banker, and of Eliza Henrietta Cohen, ''née'' Schloss. His paternal grandfather was the financier and MP Lionel Louis Cohen. He was educated at Eton and New College, Oxford, where he took Firsts in History and Law. He was called to the bar in 1913 by the Inner Temple, but later joined Lincoln's Inn. During World War I, he served with the 1/13th London Regiment (1st Kensingtons Battalion), London Regiment, and was wounded in France. After the war, Cohen returned to the bar, mainly practicing company law. He was made a King's Counsel in 1929. During World War II, Cohen served with the Ministry of Economic Warfare from 1939 to 1943. Judicial career Cohen was appointed to the High Court in 1943 and assigned to the Chancery Division, receiving the customary knighthoo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council Cases On Appeal From Australia
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases. Definition The judiciary is the system of courts that interprets, defends, and applies the law in the name of the state. The judiciary can also be thought of as the mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make statutory law (which is the responsibility of the legislature) or enforce law (which is the responsibility of the executive), but rather interprets, defends, and applies the law to the facts of each case. However, in some countries the judiciary does make common law. In many jurisdictions the judicial branch has the power to change laws through the process of judicial review. Courts with judicial review power may annul the laws and r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 * " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Purpose Trust
A purpose trust is a type of trust which has no beneficiaries, but instead exists for advancing some non-charitable purpose of some kind. In most jurisdictions, such trusts are not enforceable outside of certain limited and anomalous exceptions, but some countries have enacted legislation specifically to promote the use of non-charitable purpose trusts. Trusts for charitable purposes are also technically purpose trusts, but they are usually referred to simply as charitable trusts. People referring to purpose trusts are usually taken to be referring to non-charitable purpose trusts. Trusts which fail the test of charitable status usually fail as non-charitable purpose trusts, although there are certain historical exceptions to this, and some countries have modified the law in this regard by statute. The court will not usually validate non-charitable purpose trusts which fail by treating them as a power. In ''IRC v Broadway Cottages Trust'' 955Ch 20 the English Court of Appeal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Attorney General Of New South Wales
The Attorney General of New South Wales, in formal contexts also Attorney-General or Attorney General for New South Wales and usually known simply as the Attorney General, is a minister in the Government of New South Wales who has responsibility for the administration of justice in New South Wales, Australia. In addition, the attorney general is one of the Law Officers of the Crown. Along with the subordinate Solicitor General, Crown Advocate, and Crown Solicitor, the attorney general serves as the chief legal and constitutional adviser of the Crown and Government of New South Wales. The current attorney general, since 30 January 2017, is Mark Speakman, . The attorney general is supported in the administration of his portfolio by the following ministers, all appointed with effect from 21 December 2021: * the Minister for Police, currently Paul Toole * the Minister for Women and Minister for Mental Health, currently Bronnie Taylor * the Minister for Veterans, currently ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Congregation Of Christian Brothers
The Congregation of Christian Brothers ( la, Congregatio Fratrum Christianorum; abbreviated CFC) is a worldwide religious community within the Catholic Church, founded by Blessed Edmund Rice. Their first school was opened in Waterford, Ireland, in 1802. At the time of its foundation, though much relieved from the harshest of the Penal Laws by the Parliament's Relief Acts, UK Catholics faced much discrimination throughout the newly created United Kingdom of Great Britain and Ireland pending full Catholic emancipation in 1829. This congregation is sometimes referred to as simply "the Christian Brothers", leading to confusion with the De La Salle Brothers—also known as the Christian Brothers (sometimes by Lasallian organisations themselves). As such, Rice's congregation is sometimes called the Irish Christian Brothers or the Edmund Rice Christian Brothers. History Formation of The Christian brothers At the turn of the nineteenth century, Waterford merchant Edmund Rice consider ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Goulburn, New South Wales
Goulburn ( ) is a regional city in the Southern Tablelands of the Australian state of New South Wales, approximately south-west of Sydney, and north-east of Canberra. It was proclaimed as Australia's first inland city through letters patent by Queen Victoria in 1863. Goulburn had a population of 23,835 at June 2018. Goulburn is the seat of Goulburn Mulwaree Council. Goulburn is a railhead on the Main Southern line, a service centre for the surrounding pastoral industry, and also stopover for those traveling on the Hume Highway. It has a central park and many historic buildings. It is also home to the monument the Big Merino, a sculpture that is the world's largest concrete-constructed sheep. History Goulburn was named by surveyor James Meehan after Henry Goulburn, Under-Secretary for War and the Colonies, and the name was ratified by Governor Lachlan Macquarie. The colonial government made land grants to free settlers such as Hamilton Hume in the Goulburn area from the o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Pound
The pound ( Sign: £, £A for distinction) was the currency of Australia from 1910 until 14 February 1966, when it was replaced by the Australian dollar. As with other £sd currencies, it was subdivided into 20 shillings (denoted by the symbol s or /–), each of 12 pence (denoted by the symbol d). History The establishment of a separate Australian currency was contemplated by section 51(xii) of the Constitution of Australia, which gave Federal Parliament the right to legislate with respect to "currency, coinage, and legal tender". Establishment Coinage The Deakin Government's ''Coinage Act 1909'' distinguished between "British coin" and "Australian coin", giving both status as legal tender of equal value. The Act gave the Treasurer the power to issue silver, bronze and nickel coins, with the dimensions, size, denominations, weight and fineness to be determined by proclamation of the Governor-General. The first coins were issued in 1910, produced by the Royal Mint in Lond ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Against Perpetuities
The rule against perpetuities is a legal rule in the American common law that prevents people from using legal instruments (usually a deed or a will) to exert control over the ownership of private property for a time long beyond the lives of people living at the time the instrument was written. Specifically, the rule forbids a person from creating future interests (traditionally contingent remainders and executory interests) in property that would vest beyond 21 years after the lifetimes of those living at the time of creation of the interest, often expressed as a “life in being plus twenty-one years”. In essence, the rule prevents a person from putting qualifications and criteria in a deed or a will that would continue to affect the ownership of property long after he or she has died, a concept often referred to as control by the "dead hand" or "''mortmain''". The basic elements of the rule against perpetuities originated in England in the 17th century and were "crystallize ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Trusts Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fun ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Alfred Denning, Baron Denning
Alfred Thompson "Tom" Denning, Baron Denning (23 January 1899 – 5 March 1999) was an English lawyer and judge. He was called to the bar of England and Wales in 1923 and became a King's Counsel in 1938. Denning became a judge in 1944 when he was appointed to the Probate, Divorce and Admiralty Division of the High Court of Justice, and transferred to the King's Bench Division in 1945. He was made a Lord Justice of Appeal in 1948 after less than five years in the High Court. He became a Lord of Appeal in Ordinary in 1957 and after five years in the House of Lords returned to the Court of Appeal as Master of the Rolls in 1962, a position he held for twenty years. In retirement he wrote several books and continued to offer opinions on the state of the common law through his writing and his position in the House of Lords. Margaret Thatcher said that Denning was "probably the greatest English judge of modern times". Denning's appellate work in the Court of Appeal did not concern ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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