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Nudd V Taylor
''Nudd v Taylor'',''Nudd v Taylor'000">[2000/nowiki> QSC 489(30 August 2000) Supreme Court of Queensland">Supreme Court (Qld, Australia). was a court legal case, case, decided in the Supreme Court of Queensland on 30 August 2000. The case concerned Conflict of laws, Australian Private International Law, specifically giving a Queensland authority to the application of the Mozambique rule, Moçambique rule. Facts Judgement Holmes J in determining whether there could be an exception to the ''Moçambique'' rule applied in regard to the counterclaim, stated: Holmes J in determining that a foreign litigant had submitted himself to this jurisdiction stated: That case was cited with approval by the New South Wales Court of Appeal in ''Marlborough Harbour Board v Charter Travel Co Ltd''. In the latter case, the court was prepared to go somewhat further, deciding that the foreign plaintiff's submission to the jurisdiction extended to a counterclaim which raised a new cause of act ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Queensland
The Supreme Court of Queensland is the highest court in the Australian State of Queensland. It was formerly the Brisbane Supreme Court, in the colony of Queensland. The original jurisdiction of the Supreme Court allows its trial division to hear civil law (common law), civil matters involving claims of more than 750,000; criminal law, criminal matters involving serious offences (including murder and manslaughter); and matters arising under the ''Corporations Act 2001'' (Cth) and cross-vesting legislation. A jury decides whether the defendant is guilt (law), guilty or not guilty. The division also hears all civil matters involving amounts of more than 750,000. A jury may decide these disputes. The appellate jurisdiction of the Supreme Court allows its Court of Appeal to hear cases on appeal from the District Court of Queensland, District Court, the trial division of the Supreme Court, and a number of other judicial tribunals in Queensland. Decisions made by the Supreme Court may ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Catherine Holmes
Catherine Ena "Cate" Holmes (born 12 October 1956) is a retired Australian jurist who served as Chief Justice of the Supreme Court of Queensland, the highest ranking court in the Australian state of Queensland. She was appointed to the Supreme Court of Queensland in 2000, to the Queensland Court of Appeal in 2006 and appointed chief justice on 11 September 2015. She retired on 19 March 2022. Education Holmes attended Oxley State High School and Our Lady of the Sacred Heart College, Darra, Queensland. She attended the Australian National University graduating with a Bachelor of Economics in 1977 and then attended the University of Queensland graduating with a Bachelor of Laws in 1980. She completed a Graduate Diploma of Legal Practice at the Queensland Institute of Technology in 1983, a Bachelor of Arts with Honours in 1989 and a Master of Laws (advanced) in 1998 both at the University of Queensland. Holmes was awarded a Doctor of Laws ''honoris causa'' from The University o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Case
A legal case is in a general sense a dispute between opposing parties which may be resolved by a court, or by some equivalent legal process. A legal case is typically based on either civil or criminal law. In most legal cases there are one or more accusers and one or more defendants. In some instances, a legal case may occur between parties that are not in opposition, but require a legal ruling to formally establish some legal fact, such as a divorce. Civil case A civil case, more commonly known as a lawsuit or controversy, begins when a plaintiff files most a document called a complaint with a court, informing the court of the wrong that the plaintiff has allegedly suffered because of the defendant, and requesting a remedy. The remedy sought may be money, an injunction, which requires the defendant to perform or refrain from performing some action, or a declaratory judgment, which determines that the plaintiff has certain legal rights. The remedy will be prescribed by the c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conflict Of Laws
Conflict of laws (also called private international law) is the set of rules or laws a jurisdiction applies to a case, transaction, or other occurrence that has connections to more than one jurisdiction. This body of law deals with three broad topics: ''jurisdiction'', rules regarding when it is appropriate for a court to hear such a case; ''foreign judgments'', dealing with the rules by which a court in one jurisdiction mandates compliance with a ruling of a court in another jurisdiction; and ''choice of law'', which addresses the question of which substantive laws will be applied in such a case. These issues can arise in any private-law context, but they are especially prevalent in contract law and tort law. Scope and terminology The term ''conflict of laws'' is primarily used in the United States and Canada, though it has also come into use in the United Kingdom. Elsewhere, the term ''private international law'' is commonly used. Some scholars from countries that use ''con ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queensland
) , nickname = Sunshine State , image_map = Queensland in Australia.svg , map_caption = Location of Queensland in Australia , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of Queensland , established_title2 = Separation from New South Wales , established_date2 = 6 June 1859 , established_title3 = Federation , established_date3 = 1 January 1901 , named_for = Queen Victoria , demonym = , capital = Brisbane , largest_city = capital , coordinates = , admin_center_type = Administration , admin_center = 77 local government areas , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Jeannette Young , leader_title3 = Premier , leader_name3 = Annastacia Palaszczuk ( ALP) , legislature = Parliament of Queensland , judiciary = Supreme Court of Queensland , national_representation = Parliament of Australia , national_representation_type ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mozambique Rule
The Moçambique rule, or (to adopt an anglicised form of spelling) Mozambique rule, is a common law rule in private international law. The rule renders actions relating to title in foreign land, the right to possession of foreign land, and trespass to foreign land non- justiciable in common law jurisdictions. It was established in 1893 by the House of Lords decision in ''British South Africa Co v. Companhia de Moçambique'' 893 AC 602. Essentially, it is a self-imposed rule to limit jurisdiction in respect of actions relating to: * Title to Foreign Land * Possession to Foreign Land * Damages of Trespass to Foreign Land In ''Hesperides Hotels v Muftizade'' Lord Wilberforce referred to the ruling in ''Mozambique'' in the following terms: "Subject to exceptions hereafter mentioned, the court has no jurisdiction to entertain an action for (1) the determination of title to, or the right to the possession of, any immovable situate out of England (foreign land); or (2) the recovery ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
NSW Law Reports
The NSW Law Reports are the official reports of the courts of New South Wales, Australia. The reports are published by The Council of Law Reporting for New South Wales and cover selected cases heard in the Supreme Court of New South Wales. Each state in Australia has an official body which is responsible for the reporting of cases. At the Commonwealth level the responsibility rests with judges. The Commonwealth Law Reports are the authorised reports of the High Court of Australia. Judgments which are included in the reports are selected on the basis their significance in relation to the interpretation, development or application of the law in New South Wales. Fewer than 10% of all judgments are eventually selected for publishing. The current editor is Bret Walker who has held the position since 2006. From 1900 to 1950 the reports were known as the State Reports (New South Wales). The NSW Law Reports currently holds a monopoly on certain reported cases; these cases are n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales Supreme Court
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia. Matters of appeal can be submitted to the New South Wales Court of Appeal and Court of Criminal Appeal, both of which are constituted by members of the Supreme Court, in the case of the Court of Appeal from those who have been commissioned as judges of appeal. The Supreme Court consists of 52 permanent judges, including the Chief Justice of New South Wales, presently Andrew Bell, the President of the Court of Appeal, 10 Judges of Appeal, the Chief Judge at Common Law, and the Chief Judge in Equity. The Supreme Court's central location is the Law Courts Building in Queen's Square, Sydney, New So ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales Court Of Appeal
The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales. Jurisdiction The Court of Appeal operates pursuant to the . The Court hears appeals from a variety of courts and tribunals in New South Wales, in particular the Supreme Court, the Industrial Court, the Land and Environment Court, the District Court, the Dust Diseases Tribunal, the Workers Compensation Commission, and the Government and Related Employees Appeal Tribunal. The Court of Appeal must grant leave to appeal a judgment of an inferior court, before it hears the appeal proper. If a petitioner is not satisfied with the decision made by the Court of Appeal, application may be made to the High Court of Australia for special leave to appeal the decision before the High Court. Because special leave is only granted by the High Court under certain conditions, the Court of Appeal is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Potter V Broken Hill Proprietary Company Ltd
''Potter v Broken Hill Pty Co Ltd'', was a significant Australian court case, decided in the High Court of Australia on 20 March 1906. The case was an influential decision in Australian Private International Law which is generally regarded as based on an extension of the Moçambique rule to actions for infringement of patents.. Facts Charles Potter was an analytical chemist who lived in Melbourne, Victoria who in 1901 obtained patents in New South Wales and Victoria for a froth flotation process using sulphuric acid to separate silver, lead and zinc ores from waste. The Broken Hill Proprietary Company, now BHP, was incorporated in Victoria and operated a silver, lead and zinc mine Broken Hill. Guillaume Delprat, the General Manager of BHP, claimed to have discovered a similar process, and this was used at BHP's mine.. Potter commenced proceedings in the Supreme Court of Victoria. BHP denied the novelty and utility of the patented process, but also that an action for the infrin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Potter V Broken Hill Pty Co Ltd
''Potter v Broken Hill Pty Co Ltd'', was a significant Australian court case, decided in the High Court of Australia on 20 March 1906. The case was an influential decision in Australian Private International Law which is generally regarded as based on an extension of the Moçambique rule to actions for infringement of patents.. Facts Charles Potter was an analytical chemist who lived in Melbourne, Victoria who in 1901 obtained patents in New South Wales and Victoria for a froth flotation process using sulphuric acid to separate silver, lead and zinc ores from waste. The Broken Hill Proprietary Company, now BHP, was incorporated in Victoria and operated a silver, lead and zinc mine Broken Hill. Guillaume Delprat, the General Manager of BHP, claimed to have discovered a similar process, and this was used at BHP's mine.. Potter commenced proceedings in the Supreme Court of Victoria. BHP denied the novelty and utility of the patented process, but also that an action for the infrin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
