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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] |
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] |
Guillaume Daniel Delprat
Guillaume Daniel Delprat CBE (1 September 1856 – 15 March 1937) was a Dutch-Australian metallurgist, mining engineer, and businessman. He was a developer of the froth flotation process for separating minerals. Delprat was born in Delft, the Netherlands, son of Major General Felix Albert Theodore Delprat (1812–1888), later minister of war, and his wife Elisabeth Francina, ''née'' van Santen Kolff. Delprat attended a high school in Amsterdam and later became an apprentice engineer on the Tay Bridge in Scotland. He attended science classes in Newport-on-Tay and learned calculus from his father by post. On returning to the Netherlands, he is said to have acted as assistant to Johannes Diderik van der Waals, physics professor at the University of Amsterdam. From 1879 to 1882, Delprat worked in Spain at the Tharsis Sulphur and Copper Mines. In 1898, chairman Edward Wigg of BHP invited Delprat to Australia to become Assistant General Manager of BHP. He moved there with his wi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kenneth Hayne
Kenneth Madison Hayne (born 5 June 1945) is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy. Early life and education Hayne was born in Gympie, Queensland and attended Scotch College, Melbourne. He graduated with a Bachelor of Arts and Bachelor of Laws (Honours) from the University of Melbourne, during which time he resided at Ormond College. Hayne was Editor of the '' Melbourne University Law Review''. He then graduated with a Bachelor of Civil Law from Exeter College, Oxford University. He was also a Rhodes Scholar. He is the husband of another High Court Judge, Michelle Gordon. Career Kenneth Hayne was admitted as a barrister and solicitor of the Supreme Court of Victoria in 1971 and was appointed as a Queen's Counsel (QC) in 1984. Judicial activity Kenneth Hayne joined the bench in 1992 when he was appointed as a judge of the Supreme Court of Victoria. From 7 June 1995 he sat on the Court of Appeal of the Supreme Cou ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Gummow
William Montague Charles Gummow (born 9 October 1942) is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy. He was appointed to the Court of Final Appeal (Hong Kong), Court of Final Appeal of Hong Kong on 8 April 2013 as a non-permanent judge from other common law jurisdictions. Early life and education Justice Gummow completed his secondary education at Sydney Grammar School. He went on to study at the University of Sydney, where he graduated as Bachelor of Arts, and later Master of Laws, both with first-class honours. One of his lecturers was Sir Anthony Mason (judge), Anthony Mason. Career Early legal career Gummow first practiced as a solicitor with law firm Allens Arthur Robinson, Allen Allen and Hemsley. He was admitted as a solicitor in 1966 and became a partner of the firm in 1969. He had a diverse practice, including banking law, trusts and revenue law, intellectual property litigation, commercial transactions and some ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michael McHugh (judge)
Michael Hudson McHugh (born 1 November 1935) is a former justice of the High Court of Australia; the highest court in the Australian court hierarchy. Early years The son of a miner and steelworker, McHugh left school at 15 despite excelling academically and in rugby league at Marist Brothers, Newcastle. For the next seven years, he worked as a telegram boy, crane chaser, sawmill worker and labourer until he enrolled at evening school. At 22, with his Leaving Certificate in hand, he started studying law as a student-at-law with the Legal Profession Admission Board and taught by the University of Sydney. Legal career McHugh was admitted to the New South Wales Bar in 1961 after taking the Barristers Admission Board Examinations. He was appointed Queen's Counsel (QC) in 1973 and was Vice President of the New South Wales Bar Association, 1978–81, and later President, 1981–83. In 1980, he was counsel for Wyong Shire Council in '' Wyong Shire Council v Shirt'', a landmark ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mary Gaudron
Mary Genevieve Gaudron (born 5 January 1943), is an Australian lawyer and judge, who was the first female Justice of the High Court of Australia. She was the Solicitor-General of New South Wales from 1981 until 1987 before her appointment to the High Court. After her retirement in 2002, she joined the International Labour Organization, serving as the President of its Administrative Tribunal from 2011 until 2014. Early life Gaudron was born in Moree, in northern rural New South Wales in 1943, the daughter of working-class parents Edward and Grace Gaudron. She would later speak about the intense racism towards Indigenous Australians which was part of everyday life in Moree and how it influenced her strong opposition to all forms of discrimination. In 1965, Moree was the site of a violent conflict during the Freedom Ride. In 1951, H. V. Evatt passed through Moree to campaign for the "no" case in the 1951 referendum, at which the Menzies Liberal government was attempting to al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murray Gleeson
Anthony Murray Gleeson (born 30 August 1938) is an Australian former judge who served as the 11th Chief Justice of Australia, in office from 1998 to 2008. Gleeson was born in Wingham, New South Wales, and studied law at the University of Sydney. He was admitted to the New South Wales Bar in 1963 and appointed Queen's Counsel in 1974, becoming one of the state's leading barristers. Gleeson was appointed Chief Justice of New South Wales in 1988, serving until his elevation to the High Court in 1998. He and Samuel Griffith (appointed 1903) are the only people to have been elevated directly from the chief justiceship of a state to the chief justiceship of the High Court. As required by the constitution, he retired from the court when he reached his 70th birthday. In October 2020, Prime Minister Scott Morrison announced that Gleeson's daughter, Jacqueline Gleeson, will be elevated to the High Court following the retirement of Justice Virginia Bell. Early life Gleeson was born in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
