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Louth V Diprose
''Louth v Diprose'', is an Australian contract law and equity case, in which unconscionable conduct is considered. Facts Solicitor Louis Donald Diprose (the plaintiff/respondent) was infatuated with Carol Mary Louth (the defendant/appellant), whom he had met in Launceston, Tasmania in 1981. He showered her with gifts and, at one time, proposed to her; she, however, refused. Subsequently in 1985 the defendant informed the plaintiff that she was depressed and was going to be evicted and, if this happened, she would commit suicide (this was largely untrue). In response, the plaintiff agreed to buy her a house and, at her insistence, put it in her name. In 1988 when their relationship deteriorated, the plaintiff asked the defendant to transfer the house into his name. She refused and he brought proceedings seeking to recover the house. At the trial in the Supreme Court of South Australia, the court of first instance, the plaintiff won, with King CJ holding that for the defendan ... [...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] |
Unconscionable Conduct
Unconscionability in English law is a field of contract law and the law of trusts, which precludes the enforcement of voluntary (or consensual) obligations unfairly exploiting the unequal power of the consenting parties. "Inequality of bargaining power" is another term used to express essentially the same idea for the same area of law, which can in turn be further broken down into cases on duress, undue influence and exploitation of weakness. In these cases, where someone's consent to a bargain was only procured through duress, out of undue influence or under severe external pressure that another person exploited, courts have felt it was unconscionable (i.e., contrary to good conscience) to enforce agreements. Any transfers of goods or money may be claimed back in restitution on the basis of unjust enrichment subject to certain defences. Considerable controversy is still present over whether "iniquitous pressure" must actually be exercised by a defendant in order for a voluntary ob ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1992 In Case Law
Year 199 ( CXCIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was sometimes known as year 952 '' Ab urbe condita''. The denomination 199 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Mesopotamia is partitioned into two Roman provinces divided by the Euphrates, Mesopotamia and Osroene. * Emperor Septimius Severus lays siege to the city-state Hatra in Central-Mesopotamia, but fails to capture the city despite breaching the walls. * Two new legions, I Parthica and III Parthica, are formed as a permanent garrison. China * Battle of Yijing: Chinese warlord Yuan Shao defeats Gongsun Zan. Korea * Geodeung succeeds Suro of Geumgwan Gaya, as king of the Korean kingdom of Gaya (traditional date). By topic Religion * Pope Zephyrinus succeeds Pope Victor I, as ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1992 In Australian Law
Year 199 ( CXCIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. At the time, it was sometimes known as year 952 ''Ab urbe condita''. The denomination 199 for this year has been used since the early medieval period, when the Anno Domini calendar era became the prevalent method in Europe for naming years. Events By place Roman Empire * Mesopotamia is partitioned into two Roman provinces divided by the Euphrates, Mesopotamia and Osroene. * Emperor Septimius Severus lays siege to the city-state Hatra in Central-Mesopotamia, but fails to capture the city despite breaching the walls. * Two new legions, I Parthica and III Parthica, are formed as a permanent garrison. China * Battle of Yijing: Chinese warlord Yuan Shao defeats Gongsun Zan. Korea * Geodeung succeeds Suro of Geumgwan Gaya, as king of the Korean kingdom of Gaya (traditional date). By topic Religion * Pope Zephyrinus succeeds Pope Victor I, as the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commercial Bank Of Australia Ltd V Amadio
''Commercial Bank of Australia Ltd v Amadio'',. is a seminal case in Australian contract law and equity, in which the High Court held that unconscionable dealing due to a lack of knowledge or education and the consequent imbalance in bargaining power could lead to a transaction being set aside. The case is a formative case for the defence of unconscionability, a precursor to statutory unconscionability. Background Facts Giovani and Cesira Amadio, whose son, Vincenzo, carried on business as a builder, guaranteed their son's indebtedness to the Commercial Bank of Australia. To this end, they executed certain documents the effect of which was to provide the bank with a mortgage over a building which they owned. When the son's business failed, the bank sought to enforce the guarantee. In their defence, the Amadios asserted that the guarantee was unenforceable because it was unconscionable. They were held to be at a "special disadvantage" as an equitable doctrine in Equity (law) ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Australia
South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories by area, and second smallest state by population. It has a total of 1.8 million people. Its population is the second most highly centralised in Australia, after Western Australia, with more than 77 percent of South Australians living in the capital Adelaide, or its environs. Other population centres in the state are relatively small; Mount Gambier, the second-largest centre, has a population of 33,233. South Australia shares borders with all of the other mainland states, as well as the Northern Territory; it is bordered to the west by Western Australia, to the north by the Northern Territory, to the north-east by Queensland, to the east by New South Wales, to the south-east by Victoria, and to the south by the Great Australian Bight.M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tranmere, South Australia
Tranmere is an eastern suburb of Adelaide, South Australia. It is located in the City of Campbelltown. History The name ''Tranmere'' was given in 1838 to Section 273 of 67 acres by its purchaser David Wylie, who named it after his hometown of Tranmere, Cheshire in England. David Wylie M.A. (ca.1799 – 8 March 1853), who ran a school on the property, was a brother-in law of William Scott MLC, who purchased an adjoining property. Tranmere Post Office opened on 3 February 1947, but was renamed ''Kensington Gardens North'' in 1966. Demographics The 2006 Census by the Australian Bureau of Statistics counted 3,218 persons in Tranmere on census night. Of these, 47.8% were male and 52.2% were female. The majority of residents (68.4%) were of Australian birth, with 5.0%being born in Italy, and 4.4% in England. The age distribution of Tranmere residents was comparable to that of the greater Australian population: 68.3% were over 25 years, compared to the Australian average of 66. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roderick Matheson (judge)
Roderick (Rod) Matheson is an Australian lawyer and former judge of the Supreme Court of South Australia from 9 August 1979 to 4 August 1998. Early and professional life Matheson was educated at St Peter's College then the University of Adelaide. He was appointed QC in 1972. Matheson was a member of the Law Reform Committee of South Australia from 1971 to 1974. Prior to his appointment as a judge of the Supreme Court, he had been a council member, vice-president and president of the Law Society of South Australia. Supreme court Matheson was appointed to the bench of the Supreme Court of South Australia in 1979. One of his famous cases was that of James Miller for multiple murders known as the Truro murders. Matheson was awarded a Member of the Order of Australia in the 2000 Australia Day Honours for service to the law and the community. Personal life Matheson has been a significant donor and benefactor to St Mark's College, a residential college affiliated with the Anglic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Christopher Legoe
Christopher is the English version of a Europe-wide name derived from the Greek name Χριστόφορος (''Christophoros'' or '' Christoforos''). The constituent parts are Χριστός (''Christós''), "Christ" or "Anointed", and φέρειν (''phérein''), "to bear"; hence the "Christ-bearer". As a given name, 'Christopher' has been in use since the 10th century. In English, Christopher may be abbreviated as "Chris", "Topher", and sometimes " Kit". It was frequently the most popular male first name in the United Kingdom, having been in the top twenty in England and Wales from the 1940s until 1995, although it has since dropped out of the top 100. The name is most common in England and not so common in Wales, Scotland, or Ireland. People with the given name Antiquity and Middle Ages * Saint Christopher (died 251), saint venerated by Catholics and Orthodox Christians * Christopher (Domestic of the Schools) (fl. 870s), Byzantine general * Christopher Lekapenos (died 931), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Samuel Jacobs (judge)
Justice Samuel Joshua Jacobs AO QC (1920–2011) was a highly respected lawyer and judge. After being compulsorily retired at age 70 in 1990, he was recalled and appointed as Royal Commissioner into the inquiry into the State Bank of South Australia debt crisis.Most Worshipful Bro Sam Jacobs AO QC passes away www.santfreemasons.org.au Early life Jacobs was born 6 December 1920 in the Adelaide suburb of Glenelg, the son of Sir Roland Jacobs. He was educated at |
Chief Justice Of South Australia
Of the judges of the Supreme Court of South Australia, , 14 had previously served in the Parliament of South Australia Edward Gwynne, Sir Richard Hanson, Randolph Stow, Sir Samuel Way, Sir James Boucaut, Richard Andrews, Sir William Bundey, Sir John Gordon, Robert Homburg, Sir Angas Parsons, Sir Charles Abbott, Leo Travers, Len King and Robin Millhouse. In addition, Sir John Jeffcott served as a member of the South Australian Legislative Council concurrent with his brief tenure as a judge in South Australia. See also * Judiciary of Australia Notes References {{reflist Judges of the Supreme Court South Australia South Australia (commonly abbreviated as SA) is a States and territories of Australia, state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest o ... *List ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Len King
Leonard James King (1 May 1925 – 23 June 2011) was an Australian politician, lawyer and judge. Early life King matriculated from St Joseph's Memorial School at age 14, then worked at Shell Company as a clerk. He served in the Royal Australian Air Force in Australia and New Guinea during World War II, and used the Commonwealth Reconstruction Training Scheme to commence study for his law degree. Legal career King was admitted to practice as a barrister and solicitor in December 1950, and appointed Queen's Counsel in 1967. Political career King was a Labor Party member of the South Australian House of Assembly from 1970 to 1975, representing the eastern suburbs electoral district of Coles. He was appointed to various ministerial portfolios during his career, including Aboriginal Affairs, Social Welfare, Community Welfare, and Prices & Consumer Affairs. In late 20th century South Australian history, he is one of the few newly-elected members of Parliament that have been a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
