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Why was the appeal by the plaintiff in Nasr v NRMA Insurance [2006] NSWSC 1018 lodged after the deadline?
In Nasr v NRMA Insurance [2006] NSWSC 1018, the plaintiff's appeal was lodged out of time because the summons was filed on 8 June 2006, seven months after the decision of the Local Court was made on 4 October 2005. No explanation was provided for this delay.
3 The plaintiff claims that he was overseas when the Local Court struck out his case against the NRMA and they (the NRMA) rejected payment of his claim for his car after it was burnt on 6 July 2004. There are no grounds of appeal in his summons but it may be that he could have submitted that he was denied procedural f...
{ "version_id": "nsw_caselaw:549fc6183004262463bb648a", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Nasr v NRMA Insurance [2006] NSWSC 1018", "url": "https://www.caselaw.nsw.gov.au/decision/549fc6183004262463bb648a", "text": " 3 The plaintiff claims that he...
0
0
3
What was the reason for the plaintiff's appeal being filed out of time in the case Nasr v NRMA Insurance [2006] NSWSC 1018?
In Nasr v NRMA Insurance [2006] NSWSC 1018, the plaintiff's appeal was lodged out of time because the summons was filed on 8 June 2006, seven months after the decision of the Local Court was made on 4 October 2005. No explanation was provided for this delay.
3 The plaintiff claims that he was overseas when the Local Court struck out his case against the NRMA and they (the NRMA) rejected payment of his claim for his car after it was burnt on 6 July 2004. There are no grounds of appeal in his summons but it may be that he could have submitted that he was denied procedural f...
{ "version_id": "nsw_caselaw:549fc6183004262463bb648a", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Nasr v NRMA Insurance [2006] NSWSC 1018", "url": "https://www.caselaw.nsw.gov.au/decision/549fc6183004262463bb648a", "text": " 3 The plaintiff claims that he...
0
1
3
In Nasr v NRMA Insurance [2006] NSWSC 1018, what caused the plaintiff to lodge their appeal beyond the allowed time frame?
In Nasr v NRMA Insurance [2006] NSWSC 1018, the plaintiff's appeal was lodged out of time because the summons was filed on 8 June 2006, seven months after the decision of the Local Court was made on 4 October 2005. No explanation was provided for this delay.
3 The plaintiff claims that he was overseas when the Local Court struck out his case against the NRMA and they (the NRMA) rejected payment of his claim for his car after it was burnt on 6 July 2004. There are no grounds of appeal in his summons but it may be that he could have submitted that he was denied procedural f...
{ "version_id": "nsw_caselaw:549fc6183004262463bb648a", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Nasr v NRMA Insurance [2006] NSWSC 1018", "url": "https://www.caselaw.nsw.gov.au/decision/549fc6183004262463bb648a", "text": " 3 The plaintiff claims that he...
0
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What was the ruling of the court on the motion to restrain a firm from acting in Moore v Scenic Tours Pty Ltd [2015] NSWSC 237?
In the case of Moore v Scenic Tours Pty Ltd [2015] NSWSC 237, the court decided to dismiss the motion to restrain a firm from acting. The court found that the plaintiff was entitled to a solicitor of their choice and it was not in the interest of justice to deprive the plaintiff of their choice of solicitor.
Medium Neutral Citation: Moore v Scenic Tours Pty Ltd [2015] NSWSC 237 Hearing dates: 27 February 2015 Date of orders: 20 March 2015 Decision date: 20 March 2015 Jurisdiction: Common Law Before: Garling J Decision: (a)Amended Notice of Motion dated 20 February 2015 is dismissed. (b)Defendant to pay the plaintiff’s cost...
{ "version_id": "nsw_caselaw:55076e09e4b0d39cca7e1f98", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Moore v Scenic Tours Pty Ltd [2015] NSWSC 237", "url": "https://www.caselaw.nsw.gov.au/decision/55076e09e4b0d39cca7e1f98", "text": "Medium Neutral Citation: ...
2
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How did the court decide on the motion to prevent a firm from acting in the case Moore v Scenic Tours Pty Ltd [2015] NSWSC 237?
In the case of Moore v Scenic Tours Pty Ltd [2015] NSWSC 237, the court decided to dismiss the motion to restrain a firm from acting. The court found that the plaintiff was entitled to a solicitor of their choice and it was not in the interest of justice to deprive the plaintiff of their choice of solicitor.
Medium Neutral Citation: Moore v Scenic Tours Pty Ltd [2015] NSWSC 237 Hearing dates: 27 February 2015 Date of orders: 20 March 2015 Decision date: 20 March 2015 Jurisdiction: Common Law Before: Garling J Decision: (a)Amended Notice of Motion dated 20 February 2015 is dismissed. (b)Defendant to pay the plaintiff’s cost...
{ "version_id": "nsw_caselaw:55076e09e4b0d39cca7e1f98", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Moore v Scenic Tours Pty Ltd [2015] NSWSC 237", "url": "https://www.caselaw.nsw.gov.au/decision/55076e09e4b0d39cca7e1f98", "text": "Medium Neutral Citation: ...
2
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In the case of Moore v Scenic Tours Pty Ltd [2015] NSWSC 237, what determination was made regarding the motion to bar a firm from acting?
In the case of Moore v Scenic Tours Pty Ltd [2015] NSWSC 237, the court decided to dismiss the motion to restrain a firm from acting. The court found that the plaintiff was entitled to a solicitor of their choice and it was not in the interest of justice to deprive the plaintiff of their choice of solicitor.
Medium Neutral Citation: Moore v Scenic Tours Pty Ltd [2015] NSWSC 237 Hearing dates: 27 February 2015 Date of orders: 20 March 2015 Decision date: 20 March 2015 Jurisdiction: Common Law Before: Garling J Decision: (a)Amended Notice of Motion dated 20 February 2015 is dismissed. (b)Defendant to pay the plaintiff’s cost...
{ "version_id": "nsw_caselaw:55076e09e4b0d39cca7e1f98", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Moore v Scenic Tours Pty Ltd [2015] NSWSC 237", "url": "https://www.caselaw.nsw.gov.au/decision/55076e09e4b0d39cca7e1f98", "text": "Medium Neutral Citation: ...
2
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What were the facts and results of the case Inspector Phillip Estreich v Hannas Civil Engineering Pty Ltd and Afram Hanna [2009] NSWIRComm 168 in New South Wales?
In the case of Inspector Phillip Estreich v Hannas Civil Engineering Pty Ltd and Afram Hanna [2009] NSWIRComm 168, the defendants were charged under the Occupational Health and Safety Act 2000 for a serious breach of safety. The incident involved a worker who was injured while cutting an orange conduit that was assumed...
CITATION: Inspector Phillip Estreich v Hannas Civil Engineering Pty Ltd and Afram Hanna [2009] NSWIRComm 168 Inspector Phillip Estreich (Prosecutor) PARTIES: Hannas Civil Engineering Pty Ltd (Defendant in IRC 2009/179) Afram Hanna (Defendant in 2009/206) FILE NUMBER(S): IRC 179 and 206 of 2009 CORAM: Haylen J CATCHWOR...
{ "version_id": "nsw_caselaw:549f80003004262463aae15b", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Inspector Phillip Estreich v Hannas Civil Engineering Pty Ltd and Afram Hanna [2009] NSWIRComm 168", "url": "https://www.caselaw.nsw.gov.au/decision/549f800030...
3
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Can you describe the events and resolution of Inspector Phillip Estreich v Hannas Civil Engineering Pty Ltd and Afram Hanna [2009] NSWIRComm 168 in NSW?
In the case of Inspector Phillip Estreich v Hannas Civil Engineering Pty Ltd and Afram Hanna [2009] NSWIRComm 168, the defendants were charged under the Occupational Health and Safety Act 2000 for a serious breach of safety. The incident involved a worker who was injured while cutting an orange conduit that was assumed...
CITATION: Inspector Phillip Estreich v Hannas Civil Engineering Pty Ltd and Afram Hanna [2009] NSWIRComm 168 Inspector Phillip Estreich (Prosecutor) PARTIES: Hannas Civil Engineering Pty Ltd (Defendant in IRC 2009/179) Afram Hanna (Defendant in 2009/206) FILE NUMBER(S): IRC 179 and 206 of 2009 CORAM: Haylen J CATCHWOR...
{ "version_id": "nsw_caselaw:549f80003004262463aae15b", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Inspector Phillip Estreich v Hannas Civil Engineering Pty Ltd and Afram Hanna [2009] NSWIRComm 168", "url": "https://www.caselaw.nsw.gov.au/decision/549f800030...
3
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What were the details and legal outcomes in the New South Wales case Inspector Phillip Estreich v Hannas Civil Engineering Pty Ltd and Afram Hanna [2009] NSWIRComm 168?
In the case of Inspector Phillip Estreich v Hannas Civil Engineering Pty Ltd and Afram Hanna [2009] NSWIRComm 168, the defendants were charged under the Occupational Health and Safety Act 2000 for a serious breach of safety. The incident involved a worker who was injured while cutting an orange conduit that was assumed...
CITATION: Inspector Phillip Estreich v Hannas Civil Engineering Pty Ltd and Afram Hanna [2009] NSWIRComm 168 Inspector Phillip Estreich (Prosecutor) PARTIES: Hannas Civil Engineering Pty Ltd (Defendant in IRC 2009/179) Afram Hanna (Defendant in 2009/206) FILE NUMBER(S): IRC 179 and 206 of 2009 CORAM: Haylen J CATCHWOR...
{ "version_id": "nsw_caselaw:549f80003004262463aae15b", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Inspector Phillip Estreich v Hannas Civil Engineering Pty Ltd and Afram Hanna [2009] NSWIRComm 168", "url": "https://www.caselaw.nsw.gov.au/decision/549f800030...
3
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What argument did the Commonwealth present regarding habeas corpus in Ruddock v Vadarlis [2001] FCA 1329, and how did the court respond?
In Ruddock v Vadarlis [2001] FCA 1329, the Commonwealth argued that habeas corpus did not apply as the rescuees were not detained. They contended that for a detention to occur, the detainer must subject the detainee to a total restraint of movement, and that partial restraint or obstruction from going in a particular d...
206 It was submitted for the Commonwealth that habeas corpus did not lie as the rescuees were not detained. For a detention to take place the detainer must subject the detainee to a total restraint of movement. Partial restraint was to be distinguished from detention. To obstruct a person from going in a particular di...
{ "version_id": "federal_court_of_australia:fca/single/2001/2001fca1329", "type": "decision", "jurisdiction": "commonwealth", "source": "federal_court_of_australia", "citation": "Ruddock v Vadarlis [2001] FCA 1329", "url": "https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2001/2001fca132...
4
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In Ruddock v Vadarlis [2001] FCA 1329, how did the Commonwealth argue against the applicability of habeas corpus, and what was the court's view?
In Ruddock v Vadarlis [2001] FCA 1329, the Commonwealth argued that habeas corpus did not apply as the rescuees were not detained. They contended that for a detention to occur, the detainer must subject the detainee to a total restraint of movement, and that partial restraint or obstruction from going in a particular d...
206 It was submitted for the Commonwealth that habeas corpus did not lie as the rescuees were not detained. For a detention to take place the detainer must subject the detainee to a total restraint of movement. Partial restraint was to be distinguished from detention. To obstruct a person from going in a particular di...
{ "version_id": "federal_court_of_australia:fca/single/2001/2001fca1329", "type": "decision", "jurisdiction": "commonwealth", "source": "federal_court_of_australia", "citation": "Ruddock v Vadarlis [2001] FCA 1329", "url": "https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2001/2001fca132...
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How was the Commonwealth's position on the non-applicability of habeas corpus addressed in Ruddock v Vadarlis [2001] FCA 1329?
In Ruddock v Vadarlis [2001] FCA 1329, the Commonwealth argued that habeas corpus did not apply as the rescuees were not detained. They contended that for a detention to occur, the detainer must subject the detainee to a total restraint of movement, and that partial restraint or obstruction from going in a particular d...
206 It was submitted for the Commonwealth that habeas corpus did not lie as the rescuees were not detained. For a detention to take place the detainer must subject the detainee to a total restraint of movement. Partial restraint was to be distinguished from detention. To obstruct a person from going in a particular di...
{ "version_id": "federal_court_of_australia:fca/single/2001/2001fca1329", "type": "decision", "jurisdiction": "commonwealth", "source": "federal_court_of_australia", "citation": "Ruddock v Vadarlis [2001] FCA 1329", "url": "https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2001/2001fca132...
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What was the commencement date of the Poisons List Amendment Order 2012 in Tasmania?
The Poisons List Amendment Order 2012 in Tasmania took effect on the day its making was notified in the Gazette, which was on 9 May 2012.
Poisons List Amendment Order 2012 I make the following order under section 15(1) of the Poisons Act 1971 . 2 May 2012 MICHELLE O'BYRNE Minister for Health 1. Short title This order may be cited as the Poisons List Amendment Order 2012 . 2. Commencement This order takes effect on the day on which its making is notified ...
{ "version_id": "tasmanian_legislation:2017-07-05/sr-2012-021", "type": "secondary_legislation", "jurisdiction": "tasmania", "source": "tasmanian_legislation", "citation": "Poisons List Amendment Order 2012 (Tas)", "url": "https://www.legislation.tas.gov.au/view/whole/html/inforce/current/sr-2012-021", "t...
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When did the Poisons List Amendment Order 2012 become effective in Tasmania?
The Poisons List Amendment Order 2012 in Tasmania took effect on the day its making was notified in the Gazette, which was on 9 May 2012.
Poisons List Amendment Order 2012 I make the following order under section 15(1) of the Poisons Act 1971 . 2 May 2012 MICHELLE O'BYRNE Minister for Health 1. Short title This order may be cited as the Poisons List Amendment Order 2012 . 2. Commencement This order takes effect on the day on which its making is notified ...
{ "version_id": "tasmanian_legislation:2017-07-05/sr-2012-021", "type": "secondary_legislation", "jurisdiction": "tasmania", "source": "tasmanian_legislation", "citation": "Poisons List Amendment Order 2012 (Tas)", "url": "https://www.legislation.tas.gov.au/view/whole/html/inforce/current/sr-2012-021", "t...
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On what date did the Poisons List Amendment Order 2012 take effect in Tasmania?
The Poisons List Amendment Order 2012 in Tasmania took effect on the day its making was notified in the Gazette, which was on 9 May 2012.
Poisons List Amendment Order 2012 I make the following order under section 15(1) of the Poisons Act 1971 . 2 May 2012 MICHELLE O'BYRNE Minister for Health 1. Short title This order may be cited as the Poisons List Amendment Order 2012 . 2. Commencement This order takes effect on the day on which its making is notified ...
{ "version_id": "tasmanian_legislation:2017-07-05/sr-2012-021", "type": "secondary_legislation", "jurisdiction": "tasmania", "source": "tasmanian_legislation", "citation": "Poisons List Amendment Order 2012 (Tas)", "url": "https://www.legislation.tas.gov.au/view/whole/html/inforce/current/sr-2012-021", "t...
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Who were listed as defendants in Australian Securities and Investments Commission v Letten (No 24) [2014] FCA 1322?
In the case Australian Securities and Investments Commission v Letten (No 24) [2014] FCA 1322, the defendants included SIMMS INVESTMENTS PTY LTD, SY21 RETAIL PTY LTD, THE GLEN CENTRE HAWTHORN PTY LTD, CASTELLO HOLDINGS PTY LTD, TWINVIEW NOMINEES PTY LTD, YARRA VALLEY GOLF PTY LTD, ADINA RISE PTY LTD, ALBRIGHT INVESTMEN...
SIMMS INVESTMENTS PTY LTD (ACN 093 504 511) Sixteenth Defendant SY21 RETAIL PTY LTD (ACN 107 874 564) Seventeenth Defendant THE GLEN CENTRE HAWTHORN PTY LTD (ACN 089 906 543) Eighteenth Defendant CASTELLO HOLDINGS PTY LTD (ACN 088 204 175) Nineteenth Defendant TWINVIEW NOMINEES PTY LTD (ACN 097 307 278) Twentieth Defen...
{ "version_id": "federal_court_of_australia:fca/single/2014/2014fca1322", "type": "decision", "jurisdiction": "commonwealth", "source": "federal_court_of_australia", "citation": "Australian Securities and Investments Commission v Letten (No 24) [2014] FCA 1322", "url": "https://www.judgments.fedcourt.gov.au...
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Which parties were named as defendants in the case Australian Securities and Investments Commission v Letten (No 24) [2014] FCA 1322?
In the case Australian Securities and Investments Commission v Letten (No 24) [2014] FCA 1322, the defendants included SIMMS INVESTMENTS PTY LTD, SY21 RETAIL PTY LTD, THE GLEN CENTRE HAWTHORN PTY LTD, CASTELLO HOLDINGS PTY LTD, TWINVIEW NOMINEES PTY LTD, YARRA VALLEY GOLF PTY LTD, ADINA RISE PTY LTD, ALBRIGHT INVESTMEN...
SIMMS INVESTMENTS PTY LTD (ACN 093 504 511) Sixteenth Defendant SY21 RETAIL PTY LTD (ACN 107 874 564) Seventeenth Defendant THE GLEN CENTRE HAWTHORN PTY LTD (ACN 089 906 543) Eighteenth Defendant CASTELLO HOLDINGS PTY LTD (ACN 088 204 175) Nineteenth Defendant TWINVIEW NOMINEES PTY LTD (ACN 097 307 278) Twentieth Defen...
{ "version_id": "federal_court_of_australia:fca/single/2014/2014fca1322", "type": "decision", "jurisdiction": "commonwealth", "source": "federal_court_of_australia", "citation": "Australian Securities and Investments Commission v Letten (No 24) [2014] FCA 1322", "url": "https://www.judgments.fedcourt.gov.au...
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In Australian Securities and Investments Commission v Letten (No 24) [2014] FCA 1322, who were the defendants?
In the case Australian Securities and Investments Commission v Letten (No 24) [2014] FCA 1322, the defendants included SIMMS INVESTMENTS PTY LTD, SY21 RETAIL PTY LTD, THE GLEN CENTRE HAWTHORN PTY LTD, CASTELLO HOLDINGS PTY LTD, TWINVIEW NOMINEES PTY LTD, YARRA VALLEY GOLF PTY LTD, ADINA RISE PTY LTD, ALBRIGHT INVESTMEN...
SIMMS INVESTMENTS PTY LTD (ACN 093 504 511) Sixteenth Defendant SY21 RETAIL PTY LTD (ACN 107 874 564) Seventeenth Defendant THE GLEN CENTRE HAWTHORN PTY LTD (ACN 089 906 543) Eighteenth Defendant CASTELLO HOLDINGS PTY LTD (ACN 088 204 175) Nineteenth Defendant TWINVIEW NOMINEES PTY LTD (ACN 097 307 278) Twentieth Defen...
{ "version_id": "federal_court_of_australia:fca/single/2014/2014fca1322", "type": "decision", "jurisdiction": "commonwealth", "source": "federal_court_of_australia", "citation": "Australian Securities and Investments Commission v Letten (No 24) [2014] FCA 1322", "url": "https://www.judgments.fedcourt.gov.au...
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What modifications were introduced by AD/BAe 146/104 Amdt 1 to the British Aerospace BAe 146 Series Aeroplanes Airworthiness Directive?
The amendment AD/BAe 146/104 Amdt 1 to the British Aerospace BAe 146 Series Aeroplanes Airworthiness Directive, as notified in the Commonwealth of Australia Gazette on 3 November 2004, made changes to Note 1 and the Compliance Statement to clarify that any one of the listed modifications terminates the repetitive inspe...
British Aerospace BAe 146 Series Aeroplanes AD/BAe 146/104 Amdt 1 (continued) This Amendment changes Note 1 and the Compliance Statement to ensure that it is clear that any one of the listed modifications terminates the repetitive inspection of each cable in-line splices. The original issue of this Airworthiness Direc...
{ "version_id": "federal_register_of_legislation:F2006B03458", "type": "secondary_legislation", "jurisdiction": "commonwealth", "source": "federal_register_of_legislation", "citation": "AD/BAe 146/104 Amdt 1 - APU and IDG In-Line Splices (Cth)", "url": "https://www.legislation.gov.au/Details/F2006B03458", ...
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What adjustments did the amendment AD/BAe 146/104 Amdt 1 make to the British Aerospace BAe 146 Airworthiness Directive?
The amendment AD/BAe 146/104 Amdt 1 to the British Aerospace BAe 146 Series Aeroplanes Airworthiness Directive, as notified in the Commonwealth of Australia Gazette on 3 November 2004, made changes to Note 1 and the Compliance Statement to clarify that any one of the listed modifications terminates the repetitive inspe...
British Aerospace BAe 146 Series Aeroplanes AD/BAe 146/104 Amdt 1 (continued) This Amendment changes Note 1 and the Compliance Statement to ensure that it is clear that any one of the listed modifications terminates the repetitive inspection of each cable in-line splices. The original issue of this Airworthiness Direc...
{ "version_id": "federal_register_of_legislation:F2006B03458", "type": "secondary_legislation", "jurisdiction": "commonwealth", "source": "federal_register_of_legislation", "citation": "AD/BAe 146/104 Amdt 1 - APU and IDG In-Line Splices (Cth)", "url": "https://www.legislation.gov.au/Details/F2006B03458", ...
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How did the amendment AD/BAe 146/104 Amdt 1 revise the British Aerospace BAe 146 Series Aeroplanes Airworthiness Directive?
The amendment AD/BAe 146/104 Amdt 1 to the British Aerospace BAe 146 Series Aeroplanes Airworthiness Directive, as notified in the Commonwealth of Australia Gazette on 3 November 2004, made changes to Note 1 and the Compliance Statement to clarify that any one of the listed modifications terminates the repetitive inspe...
British Aerospace BAe 146 Series Aeroplanes AD/BAe 146/104 Amdt 1 (continued) This Amendment changes Note 1 and the Compliance Statement to ensure that it is clear that any one of the listed modifications terminates the repetitive inspection of each cable in-line splices. The original issue of this Airworthiness Direc...
{ "version_id": "federal_register_of_legislation:F2006B03458", "type": "secondary_legislation", "jurisdiction": "commonwealth", "source": "federal_register_of_legislation", "citation": "AD/BAe 146/104 Amdt 1 - APU and IDG In-Line Splices (Cth)", "url": "https://www.legislation.gov.au/Details/F2006B03458", ...
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What were the two certifications included in the Certificate in Pauga v Samoa [2022] FCA 1097?
In the case of Pauga v Samoa [2022] FCA 1097, the Certificate contained two certifications. The first certification was a statement certifying that the documents attached to the certificate, which were submitted in support of the extradition request from Samoa to the Commonwealth of Australia for Talalelei Pauga, are t...
7 The Certificate contains two certifications. First, a certification that the documents attached to the certificate (namely the documents comprising the Bundle) - which are then described - 'are submitted in support of the request from Samoa to the Commonwealth of Australia for the extradition of Talalelei Pauga'. It ...
{ "version_id": "federal_court_of_australia:fca/single/2022/2022fca1097", "type": "decision", "jurisdiction": "commonwealth", "source": "federal_court_of_australia", "citation": "Pauga v Samoa [2022] FCA 1097", "url": "https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2022/2022fca1097", ...
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In Pauga v Samoa [2022] FCA 1097, what certifications did the Certificate contain?
In the case of Pauga v Samoa [2022] FCA 1097, the Certificate contained two certifications. The first certification was a statement certifying that the documents attached to the certificate, which were submitted in support of the extradition request from Samoa to the Commonwealth of Australia for Talalelei Pauga, are t...
7 The Certificate contains two certifications. First, a certification that the documents attached to the certificate (namely the documents comprising the Bundle) - which are then described - 'are submitted in support of the request from Samoa to the Commonwealth of Australia for the extradition of Talalelei Pauga'. It ...
{ "version_id": "federal_court_of_australia:fca/single/2022/2022fca1097", "type": "decision", "jurisdiction": "commonwealth", "source": "federal_court_of_australia", "citation": "Pauga v Samoa [2022] FCA 1097", "url": "https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2022/2022fca1097", ...
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What were the specific certifications outlined in the Certificate in the case of Pauga v Samoa [2022] FCA 1097?
In the case of Pauga v Samoa [2022] FCA 1097, the Certificate contained two certifications. The first certification was a statement certifying that the documents attached to the certificate, which were submitted in support of the extradition request from Samoa to the Commonwealth of Australia for Talalelei Pauga, are t...
7 The Certificate contains two certifications. First, a certification that the documents attached to the certificate (namely the documents comprising the Bundle) - which are then described - 'are submitted in support of the request from Samoa to the Commonwealth of Australia for the extradition of Talalelei Pauga'. It ...
{ "version_id": "federal_court_of_australia:fca/single/2022/2022fca1097", "type": "decision", "jurisdiction": "commonwealth", "source": "federal_court_of_australia", "citation": "Pauga v Samoa [2022] FCA 1097", "url": "https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2022/2022fca1097", ...
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What is the standard used by Australian Commonwealth courts to determine a 'genuine' dispute or claim under section 459H?
The test for determining a "genuine" dispute or claim under section 459H, as interpreted by Australian Commonwealth courts, is often phrased as "whether there is a serious issue to be tried". The test is not a particularly high one, but the court must be satisfied that there is a claim that may have some substance. Thi...
The references in s 459H to the Court’s being “satisfied” that there is a “genuine” dispute, and “satisfied” that the company has a genuine claim against the person who served the demand on it, have been the subject of much judicial consideration: see, for example, Mibor Investments Pty Ltd v Commonwealth Bank of Austr...
{ "version_id": "federal_court_of_australia:fca/single/1997/1997fca0825", "type": "decision", "jurisdiction": "commonwealth", "source": "federal_court_of_australia", "citation": "Cromwell (Australia) Pty Ltd Carlo Interiors Pty Ltd [1997] FCA 825", "url": "https://www.judgments.fedcourt.gov.au/judgments/Jud...
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How do Australian Commonwealth courts interpret the test for a 'genuine' dispute or claim in the context of section 459H?
The test for determining a "genuine" dispute or claim under section 459H, as interpreted by Australian Commonwealth courts, is often phrased as "whether there is a serious issue to be tried". The test is not a particularly high one, but the court must be satisfied that there is a claim that may have some substance. Thi...
The references in s 459H to the Court’s being “satisfied” that there is a “genuine” dispute, and “satisfied” that the company has a genuine claim against the person who served the demand on it, have been the subject of much judicial consideration: see, for example, Mibor Investments Pty Ltd v Commonwealth Bank of Austr...
{ "version_id": "federal_court_of_australia:fca/single/1997/1997fca0825", "type": "decision", "jurisdiction": "commonwealth", "source": "federal_court_of_australia", "citation": "Cromwell (Australia) Pty Ltd Carlo Interiors Pty Ltd [1997] FCA 825", "url": "https://www.judgments.fedcourt.gov.au/judgments/Jud...
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3
Under section 459H, what criteria do Australian Commonwealth courts apply to assess whether a dispute or claim is 'genuine'?
The test for determining a "genuine" dispute or claim under section 459H, as interpreted by Australian Commonwealth courts, is often phrased as "whether there is a serious issue to be tried". The test is not a particularly high one, but the court must be satisfied that there is a claim that may have some substance. Thi...
The references in s 459H to the Court’s being “satisfied” that there is a “genuine” dispute, and “satisfied” that the company has a genuine claim against the person who served the demand on it, have been the subject of much judicial consideration: see, for example, Mibor Investments Pty Ltd v Commonwealth Bank of Austr...
{ "version_id": "federal_court_of_australia:fca/single/1997/1997fca0825", "type": "decision", "jurisdiction": "commonwealth", "source": "federal_court_of_australia", "citation": "Cromwell (Australia) Pty Ltd Carlo Interiors Pty Ltd [1997] FCA 825", "url": "https://www.judgments.fedcourt.gov.au/judgments/Jud...
11
2
3
What offences was the applicant charged with in the case of R v Perry [2000] NSWCCA 375 in New South Wales?
In the case of R v Perry [2000] NSWCCA 375, the applicant was charged under s196(b) of the Act for the first fire she admitted to lighting with the intention of killing another resident. She was also charged under s195(b) of the Act for the second fire she admitted to lighting and leaving the premises without waking th...
10 On the following day, the applicant, who of course had not been in the premises when she was being searched for, said that two young males had lit the first fire and that she had seen them run away. She said that she had left the premises, caught a bus to Circular Quay and another bus to Malabar to spend the night ...
{ "version_id": "nsw_caselaw:549f9ec43004262463b26da8", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "R v Perry [2000] NSWCCA 375", "url": "https://www.caselaw.nsw.gov.au/decision/549f9ec43004262463b26da8", "text": " 10 On the following day, the applicant, wh...
12
0
3
In R v Perry [2000] NSWCCA 375, what charges were brought against the applicant in New South Wales?
In the case of R v Perry [2000] NSWCCA 375, the applicant was charged under s196(b) of the Act for the first fire she admitted to lighting with the intention of killing another resident. She was also charged under s195(b) of the Act for the second fire she admitted to lighting and leaving the premises without waking th...
10 On the following day, the applicant, who of course had not been in the premises when she was being searched for, said that two young males had lit the first fire and that she had seen them run away. She said that she had left the premises, caught a bus to Circular Quay and another bus to Malabar to spend the night ...
{ "version_id": "nsw_caselaw:549f9ec43004262463b26da8", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "R v Perry [2000] NSWCCA 375", "url": "https://www.caselaw.nsw.gov.au/decision/549f9ec43004262463b26da8", "text": " 10 On the following day, the applicant, wh...
12
1
3
What were the specific charges laid against the applicant in the New South Wales case of R v Perry [2000] NSWCCA 375?
In the case of R v Perry [2000] NSWCCA 375, the applicant was charged under s196(b) of the Act for the first fire she admitted to lighting with the intention of killing another resident. She was also charged under s195(b) of the Act for the second fire she admitted to lighting and leaving the premises without waking th...
10 On the following day, the applicant, who of course had not been in the premises when she was being searched for, said that two young males had lit the first fire and that she had seen them run away. She said that she had left the premises, caught a bus to Circular Quay and another bus to Malabar to spend the night ...
{ "version_id": "nsw_caselaw:549f9ec43004262463b26da8", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "R v Perry [2000] NSWCCA 375", "url": "https://www.caselaw.nsw.gov.au/decision/549f9ec43004262463b26da8", "text": " 10 On the following day, the applicant, wh...
12
2
3
How is the term 'incite' understood in relation to the offence of serious racial vilification under the Anti-Discrimination Act in New South Wales?
In the case of John Fairfax Publications Pty Ltd -v- Kazak (EOD) [2002] NSWADTAP 35, it was argued that the term "incite" in section 20D(1) of the Anti-Discrimination Act, which creates the offence of serious racial vilification, requires an intention to incite. This interpretation is established by authority with resp...
6 The Appellant’s argument turns primarily on the use of the word "incite" in s 20D(1), which creates the offence of serious racial vilification. It is submitted that the use of the same term in both provisions demands a consistent construction, that is, if it is accepted that s 20D requires an intention to incite (a ...
{ "version_id": "nsw_caselaw:549f61373004262463a1c6da", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "John Fairfax Publications Pty Ltd -v- Kazak (EOD) [2002] NSWADTAP 35", "url": "https://www.caselaw.nsw.gov.au/decision/549f61373004262463a1c6da", "text": " 6...
13
0
3
What does the term 'incite' mean in the context of serious racial vilification as defined by the Anti-Discrimination Act in New South Wales?
In the case of John Fairfax Publications Pty Ltd -v- Kazak (EOD) [2002] NSWADTAP 35, it was argued that the term "incite" in section 20D(1) of the Anti-Discrimination Act, which creates the offence of serious racial vilification, requires an intention to incite. This interpretation is established by authority with resp...
6 The Appellant’s argument turns primarily on the use of the word "incite" in s 20D(1), which creates the offence of serious racial vilification. It is submitted that the use of the same term in both provisions demands a consistent construction, that is, if it is accepted that s 20D requires an intention to incite (a ...
{ "version_id": "nsw_caselaw:549f61373004262463a1c6da", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "John Fairfax Publications Pty Ltd -v- Kazak (EOD) [2002] NSWADTAP 35", "url": "https://www.caselaw.nsw.gov.au/decision/549f61373004262463a1c6da", "text": " 6...
13
1
3
Under the Anti-Discrimination Act in New South Wales, how is the word 'incite' interpreted concerning serious racial vilification?
In the case of John Fairfax Publications Pty Ltd -v- Kazak (EOD) [2002] NSWADTAP 35, it was argued that the term "incite" in section 20D(1) of the Anti-Discrimination Act, which creates the offence of serious racial vilification, requires an intention to incite. This interpretation is established by authority with resp...
6 The Appellant’s argument turns primarily on the use of the word "incite" in s 20D(1), which creates the offence of serious racial vilification. It is submitted that the use of the same term in both provisions demands a consistent construction, that is, if it is accepted that s 20D requires an intention to incite (a ...
{ "version_id": "nsw_caselaw:549f61373004262463a1c6da", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "John Fairfax Publications Pty Ltd -v- Kazak (EOD) [2002] NSWADTAP 35", "url": "https://www.caselaw.nsw.gov.au/decision/549f61373004262463a1c6da", "text": " 6...
13
2
3
What was the court's ruling in the case of Colbron v Freeman (No 2) [2014] NSWSC 1528 in New South Wales?
In the case of Colbron v Freeman (No 2) [2014] NSWSC 1528, the court decided that the appeal should be allowed; the judgment entered against Mr Colbron in the Local Court should be set aside and the proceedings against him dismissed. The court also ordered that Mr Freeman should pay Mr Colbron's costs as agreed or asse...
12I have also to have regard to two letters sent by Mr Colbron to Mr Freeman prior to the hearing of the proceedings in the Local Court, the first dated 27 May 2013 offering that Mr Colbron would bear his own costs if the proceedings were dismissed, and the second offering dated 29 August 2013 that Mr Colbron would pay...
{ "version_id": "nsw_caselaw:54a63ffa3004de94513dc819", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Colbron v Freeman (No 2) [2014] NSWSC 1528", "url": "https://www.caselaw.nsw.gov.au/decision/54a63ffa3004de94513dc819", "text": "12I have also to have regard...
14
0
3
In Colbron v Freeman (No 2) [2014] NSWSC 1528, what decision did the court ultimately reach?
In the case of Colbron v Freeman (No 2) [2014] NSWSC 1528, the court decided that the appeal should be allowed; the judgment entered against Mr Colbron in the Local Court should be set aside and the proceedings against him dismissed. The court also ordered that Mr Freeman should pay Mr Colbron's costs as agreed or asse...
12I have also to have regard to two letters sent by Mr Colbron to Mr Freeman prior to the hearing of the proceedings in the Local Court, the first dated 27 May 2013 offering that Mr Colbron would bear his own costs if the proceedings were dismissed, and the second offering dated 29 August 2013 that Mr Colbron would pay...
{ "version_id": "nsw_caselaw:54a63ffa3004de94513dc819", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Colbron v Freeman (No 2) [2014] NSWSC 1528", "url": "https://www.caselaw.nsw.gov.au/decision/54a63ffa3004de94513dc819", "text": "12I have also to have regard...
14
1
3
What outcome did the court decide upon in the New South Wales case of Colbron v Freeman (No 2) [2014] NSWSC 1528?
In the case of Colbron v Freeman (No 2) [2014] NSWSC 1528, the court decided that the appeal should be allowed; the judgment entered against Mr Colbron in the Local Court should be set aside and the proceedings against him dismissed. The court also ordered that Mr Freeman should pay Mr Colbron's costs as agreed or asse...
12I have also to have regard to two letters sent by Mr Colbron to Mr Freeman prior to the hearing of the proceedings in the Local Court, the first dated 27 May 2013 offering that Mr Colbron would bear his own costs if the proceedings were dismissed, and the second offering dated 29 August 2013 that Mr Colbron would pay...
{ "version_id": "nsw_caselaw:54a63ffa3004de94513dc819", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Colbron v Freeman (No 2) [2014] NSWSC 1528", "url": "https://www.caselaw.nsw.gov.au/decision/54a63ffa3004de94513dc819", "text": "12I have also to have regard...
14
2
3
What authority does the New South Wales Crime Commission have under the Criminal Assets Recovery Act 1990 (NSW) regarding restraining orders and property control?
Under the Criminal Assets Recovery Act 1990 (NSW), the New South Wales Crime Commission can apply for a restraining order in respect of certain interests, such as property interests. This is enabled by Section 10A of the Act. Furthermore, Section 10B(2) of the Act allows the Court, when making a restraining order, to o...
rEASONS FOR DECISION 1. The Court has before it a summons which seeks a hearing instanter and ex parte in order to partially deal with the matters in question, with the balance to be listed before this Court at another time. 2. This matter concerns an application for orders by the New South Wales Crime Commission (“the...
{ "version_id": "nsw_caselaw:17577da297a9c1a44234e16c", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "New South Wales Crime Commission v Hughes [2020] NSWSC 1525", "url": "https://www.caselaw.nsw.gov.au/decision/17577da297a9c1a44234e16c", "text": "rEASONS FOR...
15
0
3
Under the Criminal Assets Recovery Act 1990 (NSW), what are the powers of the New South Wales Crime Commission related to restraining orders and property management?
Under the Criminal Assets Recovery Act 1990 (NSW), the New South Wales Crime Commission can apply for a restraining order in respect of certain interests, such as property interests. This is enabled by Section 10A of the Act. Furthermore, Section 10B(2) of the Act allows the Court, when making a restraining order, to o...
rEASONS FOR DECISION 1. The Court has before it a summons which seeks a hearing instanter and ex parte in order to partially deal with the matters in question, with the balance to be listed before this Court at another time. 2. This matter concerns an application for orders by the New South Wales Crime Commission (“the...
{ "version_id": "nsw_caselaw:17577da297a9c1a44234e16c", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "New South Wales Crime Commission v Hughes [2020] NSWSC 1525", "url": "https://www.caselaw.nsw.gov.au/decision/17577da297a9c1a44234e16c", "text": "rEASONS FOR...
15
1
3
What actions can the New South Wales Crime Commission take concerning restraining orders and property control under the Criminal Assets Recovery Act 1990 (NSW)?
Under the Criminal Assets Recovery Act 1990 (NSW), the New South Wales Crime Commission can apply for a restraining order in respect of certain interests, such as property interests. This is enabled by Section 10A of the Act. Furthermore, Section 10B(2) of the Act allows the Court, when making a restraining order, to o...
rEASONS FOR DECISION 1. The Court has before it a summons which seeks a hearing instanter and ex parte in order to partially deal with the matters in question, with the balance to be listed before this Court at another time. 2. This matter concerns an application for orders by the New South Wales Crime Commission (“the...
{ "version_id": "nsw_caselaw:17577da297a9c1a44234e16c", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "New South Wales Crime Commission v Hughes [2020] NSWSC 1525", "url": "https://www.caselaw.nsw.gov.au/decision/17577da297a9c1a44234e16c", "text": "rEASONS FOR...
15
2
3
What is the Secretary's obligation under the Business Services Wage Assessment Tool Payment Scheme Amendment Act 2016 (Cth) if a person's BSWAT payment application was previously denied due to a nil determination?
Under the Business Services Wage Assessment Tool Payment Scheme Amendment Act 2016 (Cth), if a person's application for a payment under the BSWAT payment scheme was refused before the commencement day due to a determination that the payment amount for the person was nil, the Secretary is required to review the original...
42 Review of certain refusals given before commencement day (1) This item applies in relation to a person if: (a) before the commencement day, the person’s application for a payment under the BSWAT payment scheme was refused because of a determination (the original determination) that the payment amount for the person ...
{ "version_id": "federal_register_of_legislation:C2016A00021", "type": "primary_legislation", "jurisdiction": "commonwealth", "source": "federal_register_of_legislation", "citation": "Business Services Wage Assessment Tool Payment Scheme Amendment Act 2016 (Cth)", "url": "https://www.legislation.gov.au/Deta...
16
0
3
Under the Business Services Wage Assessment Tool Payment Scheme Amendment Act 2016 (Cth), what steps must the Secretary take if an application for a BSWAT payment was rejected before the commencement day because the amount was determined to be nil?
Under the Business Services Wage Assessment Tool Payment Scheme Amendment Act 2016 (Cth), if a person's application for a payment under the BSWAT payment scheme was refused before the commencement day due to a determination that the payment amount for the person was nil, the Secretary is required to review the original...
42 Review of certain refusals given before commencement day (1) This item applies in relation to a person if: (a) before the commencement day, the person’s application for a payment under the BSWAT payment scheme was refused because of a determination (the original determination) that the payment amount for the person ...
{ "version_id": "federal_register_of_legislation:C2016A00021", "type": "primary_legislation", "jurisdiction": "commonwealth", "source": "federal_register_of_legislation", "citation": "Business Services Wage Assessment Tool Payment Scheme Amendment Act 2016 (Cth)", "url": "https://www.legislation.gov.au/Deta...
16
1
3
If a person's BSWAT payment application was refused before the commencement day due to a nil determination, what must the Secretary do according to the Business Services Wage Assessment Tool Payment Scheme Amendment Act 2016 (Cth)?
Under the Business Services Wage Assessment Tool Payment Scheme Amendment Act 2016 (Cth), if a person's application for a payment under the BSWAT payment scheme was refused before the commencement day due to a determination that the payment amount for the person was nil, the Secretary is required to review the original...
42 Review of certain refusals given before commencement day (1) This item applies in relation to a person if: (a) before the commencement day, the person’s application for a payment under the BSWAT payment scheme was refused because of a determination (the original determination) that the payment amount for the person ...
{ "version_id": "federal_register_of_legislation:C2016A00021", "type": "primary_legislation", "jurisdiction": "commonwealth", "source": "federal_register_of_legislation", "citation": "Business Services Wage Assessment Tool Payment Scheme Amendment Act 2016 (Cth)", "url": "https://www.legislation.gov.au/Deta...
16
2
3
What was the court's decision regarding ordering mediation in the case of Angela Therese Harvey (nee Alecci) v Eileen Therese Alecci & Anor [2002] NSWSC 898?
In the case of Angela Therese Harvey (nee Alecci) v Eileen Therese Alecci & Anor [2002] NSWSC 898, the court decided not to order a mediation due to the state of enmity within the family. The court deemed that ordering a mediation would not be a viable, possible, responsible, or a proper exercise of the court's discret...
29 For those reasons and notwithstanding my usual view, which would be that in most family circumstances it would be a very useful thing to order a mediation, the state of enmity of this family is not such, it seems to me, as makes that course viable, possible, responsible or a proper exercise of the Court’s undoubted...
{ "version_id": "nsw_caselaw:549fad253004262463b6cacf", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Angela Therese Harvey (nee Alecci) v Eileen Therese Alecci & Anor [2002] NSWSC 898", "url": "https://www.caselaw.nsw.gov.au/decision/549fad253004262463b6cacf",...
17
0
3
In Angela Therese Harvey (nee Alecci) v Eileen Therese Alecci & Anor [2002] NSWSC 898, how did the court rule on the possibility of ordering mediation?
In the case of Angela Therese Harvey (nee Alecci) v Eileen Therese Alecci & Anor [2002] NSWSC 898, the court decided not to order a mediation due to the state of enmity within the family. The court deemed that ordering a mediation would not be a viable, possible, responsible, or a proper exercise of the court's discret...
29 For those reasons and notwithstanding my usual view, which would be that in most family circumstances it would be a very useful thing to order a mediation, the state of enmity of this family is not such, it seems to me, as makes that course viable, possible, responsible or a proper exercise of the Court’s undoubted...
{ "version_id": "nsw_caselaw:549fad253004262463b6cacf", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Angela Therese Harvey (nee Alecci) v Eileen Therese Alecci & Anor [2002] NSWSC 898", "url": "https://www.caselaw.nsw.gov.au/decision/549fad253004262463b6cacf",...
17
1
3
What determination did the court make about mediation in the case of Angela Therese Harvey (nee Alecci) v Eileen Therese Alecci & Anor [2002] NSWSC 898?
In the case of Angela Therese Harvey (nee Alecci) v Eileen Therese Alecci & Anor [2002] NSWSC 898, the court decided not to order a mediation due to the state of enmity within the family. The court deemed that ordering a mediation would not be a viable, possible, responsible, or a proper exercise of the court's discret...
29 For those reasons and notwithstanding my usual view, which would be that in most family circumstances it would be a very useful thing to order a mediation, the state of enmity of this family is not such, it seems to me, as makes that course viable, possible, responsible or a proper exercise of the Court’s undoubted...
{ "version_id": "nsw_caselaw:549fad253004262463b6cacf", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Angela Therese Harvey (nee Alecci) v Eileen Therese Alecci & Anor [2002] NSWSC 898", "url": "https://www.caselaw.nsw.gov.au/decision/549fad253004262463b6cacf",...
17
2
3
What was the applicant's primary argument for reviewing the Refugee Review Tribunal's decision in Singh v MIMA [1998] FCA 1240?
In the case of Singh v MIMA [1998] FCA 1240, the applicant sought a review of the Refugee Review Tribunal's decision on the basis that the Tribunal did not take into proper consideration the merit of the case as per the applicant's specific situation. The argument focused on the manner in which the Tribunal disposed of...
EX TEMPORE REASONS FOR JUDGMENT In this matter the applicant seeks a review of a decision of the Refugee Review Tribunal. The application states a number of grounds, but was presented in argument solely on the basis of ground 8, which reads: “The Respondent did not take into proper consideration the merit of the case a...
{ "version_id": "federal_court_of_australia:fca/single/1998/1998fca1240", "type": "decision", "jurisdiction": "commonwealth", "source": "federal_court_of_australia", "citation": "Singh v MIMA [1998] FCA 1240", "url": "https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/1998/1998fca1240", ...
18
0
3
In Singh v MIMA [1998] FCA 1240, what was the main basis for the applicant's challenge to the Refugee Review Tribunal's decision?
In the case of Singh v MIMA [1998] FCA 1240, the applicant sought a review of the Refugee Review Tribunal's decision on the basis that the Tribunal did not take into proper consideration the merit of the case as per the applicant's specific situation. The argument focused on the manner in which the Tribunal disposed of...
EX TEMPORE REASONS FOR JUDGMENT In this matter the applicant seeks a review of a decision of the Refugee Review Tribunal. The application states a number of grounds, but was presented in argument solely on the basis of ground 8, which reads: “The Respondent did not take into proper consideration the merit of the case a...
{ "version_id": "federal_court_of_australia:fca/single/1998/1998fca1240", "type": "decision", "jurisdiction": "commonwealth", "source": "federal_court_of_australia", "citation": "Singh v MIMA [1998] FCA 1240", "url": "https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/1998/1998fca1240", ...
18
1
3
What key argument did the applicant present for seeking a review of the Refugee Review Tribunal's decision in the case of Singh v MIMA [1998] FCA 1240?
In the case of Singh v MIMA [1998] FCA 1240, the applicant sought a review of the Refugee Review Tribunal's decision on the basis that the Tribunal did not take into proper consideration the merit of the case as per the applicant's specific situation. The argument focused on the manner in which the Tribunal disposed of...
EX TEMPORE REASONS FOR JUDGMENT In this matter the applicant seeks a review of a decision of the Refugee Review Tribunal. The application states a number of grounds, but was presented in argument solely on the basis of ground 8, which reads: “The Respondent did not take into proper consideration the merit of the case a...
{ "version_id": "federal_court_of_australia:fca/single/1998/1998fca1240", "type": "decision", "jurisdiction": "commonwealth", "source": "federal_court_of_australia", "citation": "Singh v MIMA [1998] FCA 1240", "url": "https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/1998/1998fca1240", ...
18
2
3
Did the court in Carvajal v Lamba [2019] NSWDC 284 infer negatively against the plaintiff for omitting certain accident details in her initial accounts?
In Carvajal v Lamba [2019] NSWDC 284, the court did not draw any adverse inference against the plaintiff for not mentioning that the defendant was coming in the opposite direction and drove across her path, or that her dog was in the car in her initial descriptions of the accident. The court reasoned that there was no ...
14. It was put to the plaintiff that she had given different versions of the accident in the two forms and in a history to doctors. In particular, it was put to the plaintiff that she had not, in those descriptions, talked about the defendant coming in the opposite direction and driving across her path. Nor had she men...
{ "version_id": "nsw_caselaw:5d154db7e4b02a5a800c1fab", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Carvajal v Lamba [2019] NSWDC 284", "url": "https://www.caselaw.nsw.gov.au/decision/5d154db7e4b02a5a800c1fab", "text": "14. It was put to the plaintiff that ...
19
0
3
In Carvajal v Lamba [2019] NSWDC 284, did the plaintiff face any adverse inference for not including specific details about the accident in her initial descriptions?
In Carvajal v Lamba [2019] NSWDC 284, the court did not draw any adverse inference against the plaintiff for not mentioning that the defendant was coming in the opposite direction and drove across her path, or that her dog was in the car in her initial descriptions of the accident. The court reasoned that there was no ...
14. It was put to the plaintiff that she had given different versions of the accident in the two forms and in a history to doctors. In particular, it was put to the plaintiff that she had not, in those descriptions, talked about the defendant coming in the opposite direction and driving across her path. Nor had she men...
{ "version_id": "nsw_caselaw:5d154db7e4b02a5a800c1fab", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Carvajal v Lamba [2019] NSWDC 284", "url": "https://www.caselaw.nsw.gov.au/decision/5d154db7e4b02a5a800c1fab", "text": "14. It was put to the plaintiff that ...
19
1
3
Was an adverse inference drawn against the plaintiff in Carvajal v Lamba [2019] NSWDC 284 due to her omission of certain accident details in her initial statements?
In Carvajal v Lamba [2019] NSWDC 284, the court did not draw any adverse inference against the plaintiff for not mentioning that the defendant was coming in the opposite direction and drove across her path, or that her dog was in the car in her initial descriptions of the accident. The court reasoned that there was no ...
14. It was put to the plaintiff that she had given different versions of the accident in the two forms and in a history to doctors. In particular, it was put to the plaintiff that she had not, in those descriptions, talked about the defendant coming in the opposite direction and driving across her path. Nor had she men...
{ "version_id": "nsw_caselaw:5d154db7e4b02a5a800c1fab", "type": "decision", "jurisdiction": "new_south_wales", "source": "nsw_caselaw", "citation": "Carvajal v Lamba [2019] NSWDC 284", "url": "https://www.caselaw.nsw.gov.au/decision/5d154db7e4b02a5a800c1fab", "text": "14. It was put to the plaintiff that ...
19
2
3
What factors did the Court of Appeal evaluate in Collins v The Queen [2018] HCA 18 to determine that the prosecution case was strong and guilt was established beyond a reasonable doubt?
In the case of Collins v The Queen [2018] HCA 18, the Court of Appeal considered three main considerations to conclude that the prosecution case was strong and guilt had been proved beyond reasonable doubt. First, despite some inconsistencies in the complainant's account, the complainant had given "a relatively robust ...
The Court of Appeal considered that the prosecution case was a strong one and their Honours were satisfied that guilt had been proved beyond reasonable doubt. The conclusion took into account three considerations. First, while there were inconsistencies in the complainant's account, these were largely with respect to ...
{ "version_id": "high_court_of_australia:/showCase/2018/HCA/18", "type": "decision", "jurisdiction": "commonwealth", "source": "high_court_of_australia", "citation": "Collins v The Queen [2018] HCA 18", "url": "https://eresources.hcourt.gov.au/downloadrtf/2018/HCA/18", "text": " The Court of Appeal consid...
20
0
3
In Collins v The Queen [2018] HCA 18, what considerations led the Court of Appeal to conclude the prosecution's case was compelling and guilt was proven beyond reasonable doubt?
In the case of Collins v The Queen [2018] HCA 18, the Court of Appeal considered three main considerations to conclude that the prosecution case was strong and guilt had been proved beyond reasonable doubt. First, despite some inconsistencies in the complainant's account, the complainant had given "a relatively robust ...
The Court of Appeal considered that the prosecution case was a strong one and their Honours were satisfied that guilt had been proved beyond reasonable doubt. The conclusion took into account three considerations. First, while there were inconsistencies in the complainant's account, these were largely with respect to ...
{ "version_id": "high_court_of_australia:/showCase/2018/HCA/18", "type": "decision", "jurisdiction": "commonwealth", "source": "high_court_of_australia", "citation": "Collins v The Queen [2018] HCA 18", "url": "https://eresources.hcourt.gov.au/downloadrtf/2018/HCA/18", "text": " The Court of Appeal consid...
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