|
Muschinski V Dodds
''Muschinski v Dodds'',. was a significant Australian court case, decided by the High Court of Australia on 6 December 1985. The case was part of a trend of High Court decisions to impose a constructive trust where it would be unconscionable for a legal owner of property to deny the beneficial interests of another. In this case the Court held it would be unconscionable for Mr Dodds to retain a half share of the property without first accounting for the purchase price paid by Ms Muschinski. Background Facts Ms Muschinski and Mr Dodds were in a ''de facto relationship''. In 1976 they purchased a property in Picton as tenants in common, intending to develop and use the property. Ms Muschinski paid the purchase price while Mr Dodds was going to renovate the cottage and to pay for a kit house. The development did not go ahead and the couple separated. Prior actions Ms Muschinski commenced proceedings in the Supreme Court of NSW seeking a de ... [...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] |
Picton, New South Wales
Picton is a small town in the Macarthur Region of New South Wales, Australia, in the Wollondilly Shire, in south-western Sydney. The town is located approximately 90 kilometres south-west of Sydney, close to Camden and Campbelltown. It is also the administrative centre of Wollondilly Shire. History Picton was first explored by Europeans in 1798 and remained beyond the limits of legal settlement until 1821. Following the discovery of good land in the interior and the settlement of Bong Bong and the Goulburn areas, Governor Macquarie authorised the building of the new Great South Road between Sydney and the Southern Highlands in 1819. This opened up the Picton area to settlers, including Henry Colden Antill, who established a property in 1822. Picton developed when a new line of the Great South Road was cut over the Razorback Range from Camden, and especially after the railway arrived in 1863. Picton is the only town in the Southern Hemisphere that one can pass through t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Case Law
Property is a system of rights that gives people legal control of valuable things, and also refers to the valuable things themselves. Depending on the nature of the property, an owner of property may have the right to consume, alter, share, redefine, rent, mortgage, pawn, sell, exchange, transfer, give away or destroy it, or to exclude others from doing these things, as well as to perhaps abandon it; whereas regardless of the nature of the property, the owner thereof has the right to properly use it under the granted property rights. In economics and political economy, there are three broad forms of property: private property, public property, and collective property (also called cooperative property). Property that jointly belongs to more than one party may be possessed or controlled thereby in very similar or very distinct ways, whether simply or complexly, whether equally or unequally. However, there is an expectation that each party's will (rather discretion) with regar ... [...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] |
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] |
Baumgartner V Baumgartner
Baumgartner (also Baumgärtner, Baumgardner, Bumgardner, Bumgartner or Bumgarner) is a surname of German origin, literally meaning " Tree Gardener". It may refer to: ;Baumgartner surname * Ann Baumgartner (1918–2008), first American female jet pilot * Beate Baumgartner (born 1983), Austrian-Namibian singer * Brian Baumgartner (born 1972), American actor * Bruce Baumgartner (born 1960), American wrestler * Christoph Baumgartner (born 1999), Austrian footballer * Felix Baumgartner (born 1969), Austrian skydiver and base jumper * Karl Baumgartner (1949–2014), German film producer * Harold Baumgartner (1883–1938), South African cricketer * James Earl Baumgartner (1943–2011), American mathematician * Jason Baumgartner, American engineer * Johann Wolfgang Baumgartner (1702–1761), German painter * Joseph Baumgartner, Bavarian politician * Julian Baumgartner, American art conservator * Ken Baumgartner (born 1966), Canadian ice hockey player * Michael Baumgartner (born 1975), ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gerald Brennan
Edward FitzGerald "Gerald" Brenan, CBE, MC (7 April 1894 – 19 January 1987) was a British writer and hispanist who spent much of his life in Spain. Brenan is best known for ''The Spanish Labyrinth'', a historical work on the background to the Spanish Civil War, and for '' South from Granada: Seven Years in an Andalusian Village''. He was appointed CBE in the Diplomatic Service and Overseas List of 1982. Life Brenan was born in Malta into a well-off Anglo-Irish family, while his father was serving there in the British Army. He was educated at Radley, a boarding school in England, which he hated due to the bullying he endured. His autobiographic works make it clear that he did not enjoy a good relationship with his father, Major Hugh Brenan. At the age of 18, and to spite his father who wanted him to train for an army career at the Royal Military College, Sandhurst, he set off with an older friend, the occasional photographer and eccentric, John Hope-Johnstone, to walk ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Dennis Mahoney (judge)
Dennis Mahoney (born October 2, 1974) is an American writer and artist. He is the author of three novels and the creator of the multimedia project ''The Equinox Society''. Books Mahoney's debut novel ''Fellow Mortals'' (Farrar, Straus and Giroux, 2013) was a Barnes and Noble Discover Great New Writers Selection. ''Bell Weather'' ( Henry Holt & Co., 2015) was named an Indie Next Pick official selection and a Boston Globe Pick of the Week. Mahoney's third novel, ''Ghostlove'' (Ig Publishing, 2020), was reviewed by ''The New York Times Book Review'', ''Publishers Weekly'', ''Library Journal'', and ''The New York Journal of Book''s. ''My Heart Is Full of Blood'' (Audible Audible may refer to: * Audible (service), an online audiobook store * Audible (American football), a tactic used by quarterbacks * ''Audible'' (film), a short documentary film featuring a deaf high school football player * Audible finish or rush ..., 2022) is a collection of short stories concerning members ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gordon Samuels
Gordon Jacob Samuels, (12 August 1923 – 10 December 2007) was a British-Australian lawyer and judge who served as the 36th Governor of New South Wales from 1996 to 2001. Born in London in 1923, Samuels was educated at University College School and Balliol College, Oxford. After serving in the Second World War, he was called to the bar and emigrated to Australia in 1949. Serving as a barrister in Sydney, Samuels was made a Queen's Counsel in 1964 and appointed as a Judge of the Supreme Court of New South Wales in 1972. Samuels was later appointed a Judge of the New South Wales Court of Appeal in 1974, serving till his mandatory retirement in 1993, aged 70. A member of the University of New South Wales Council from 1969, Samuels was appointed Chancellor of the University of New South Wales in 1976, serving until 1994, being the longest-serving Chancellor. On retirement from law, Samuels became Chairman of the Law Reform Commission of New South Wales, a position he held until he ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Marsden Hope
Robert Marsden Hope, (24 July 1919 – 12 October 1999) was a Justice of the New South Wales Court of Appeal and Royal Commissioner on three separate occasions, most notably the Royal Commission on Intelligence and Security. As a judge Hope was known for his legal positivism and as a royal commissioner he "instilled a sense of impartiality". Career Justice Hope received his Bachelor of Laws from the University of Sydney before being raised to the New South Wales Bar on 26 October 1945. During his time at university had at attempted to join the Communist Party of Australia but due to "administrative incompetence" it had failed. By his own admission in 1998 the 1960s had brought Hope considerable professional success owing to his strategic decision to join the Liberal Party of Australia. Hope was appointed a Queen's Counsel in 1960. He became President of the NSW Council of Civil Liberties "but within weeks" he was then appointed Justice of the New South Wales Supreme Court. H ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas William Waddell
Thomas may refer to: People * List of people with given name Thomas * Thomas (name) * Thomas (surname) * Saint Thomas (other) * Thomas Aquinas (1225–1274) Italian Dominican friar, philosopher, and Doctor of the Church * Thomas the Apostle * Thomas (bishop of the East Angles) (fl. 640s–650s), medieval Bishop of the East Angles * Thomas (Archdeacon of Barnstaple) (fl. 1203), Archdeacon of Barnstaple * Thomas, Count of Perche (1195–1217), Count of Perche * Thomas (bishop of Finland) (1248), first known Bishop of Finland * Thomas, Earl of Mar (1330–1377), 14th-century Earl, Aberdeen, Scotland Geography Places in the United States * Thomas, Illinois * Thomas, Indiana * Thomas, Oklahoma * Thomas, Oregon * Thomas, South Dakota * Thomas, Virginia * Thomas, Washington * Thomas, West Virginia * Thomas County (other) * Thomas Township (other) Elsewhere * Thomas Glacier (Greenland) Arts, entertainment, and media * ''Thomas'' (Burton novel) 1969 novel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cross Claim
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] |
.jpg "Click for more on -> Property Case Law")
