Blogs about: Practice Procedure

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Channel Seven Sydney Pty Ltd v Senator Concetta Fierravanti-Wells [2011] NSWCA 246

Robert Sheldon wrote 1 year ago: McColl JA: 49 One of the cardinal principles of the adversarial system of justice is that a judge tr … more →

Tags: Legal Philosophy, adversarial system

Channel Seven Sydney Pty Ltd v Senator Concetta Fierravanti-Wells [2011] NSWCA 246

Robert Sheldon wrote 1 year ago: McColl JA: 46Prima facie, a grant of power to a court (including the conferral of jurisdiction) shou … more →

Tags: discretionary powers

Hearne v Street [2008] HCA 36

Robert Sheldon wrote 1 year ago: Hayne, Heydon and Crennan JJ The extent of the “implied undertaking” 95. Before turning … more →

Tags: subpoena, contempt, Undertaking as to use of documents

Dubois v R & V Bergin Pty Ltd [2011] NSWCA 309

Robert Sheldon wrote 1 year ago: Young JA (Giles JA agreeing): 42. As noted in the authorities collected as note s 66.45 in Ritchie … more →

Tags: Appeal, Interlocutory discretionary decision, adjournment, Interlocutory decisions

Seventh Circuit holds that indigent plaintiff’s lawsuit should not have been dismissed solely because he was unable to pay a court-imposed sanction.

Jodie L. Hill wrote 1 year ago: After he was arrested and later released without charge, Illinois resident Bruce Williams filed suit … more →

Tags: Constitutional law, Fourth Amendment, in forma pauperis; sanctions

Hall v Donlon [2011] NSWSC 1088

Robert Sheldon wrote 1 year ago: Brereton J: 4.  …The first is that no conduct money was tendered. However, the subpoena was a … more →

Tags: subpoena

Welker & Ors v Rinehart [2011] NSWSC 1094

Robert Sheldon wrote 1 year ago: Brereton J: 4. ….It is at least seriously arguable that to institute litigation in the face of … more →

Tags: abuse of process, Arbitration & Mediation

r. 36.11 - Entry of orders

Robert Sheldon wrote 1 year ago: Mills v Futhem Pty Ltd [2011] NSWCA 252 Allsop P: 27. The proper construction of r 36.11 is, it seem … more →

Tags: Orders, UCPRs

r 31.26 - Joint expert report: admissibility

Robert Sheldon wrote 1 year ago: Barescape Pty Ltd atf The Vs Family Trust & Ors v Bacchus Holdings Pty Ltd atf The Bacchus Holdi … more →

Tags: Expert, UCPRs

Markus v Provincial Insurance Company Ltd (Unreported, Supreme Court of NSW, 11 May 1983)

Robert Sheldon wrote 1 year ago: Clarke J … more →

Tags: AMBUSH

Halpin & Ors v Lumley General Insurance Ltd [2009] NSWSC 644

Robert Sheldon wrote 1 year ago: Hoeben J:     Authorities such as Markus’ case and those referred to in Moffitt P’s articl … more →

Tags: AMBUSH, UCPRs

UCPR Part 31 r 10

Robert Sheldon wrote 1 year ago: Oraha V NRMA 1.10.2010 - Letherbarrow DCJ: surveillance footage is required to be served unless the … more →

Tags: UCPRs

Documents produced under subpoena and the implied undertaking as to use

Robert Sheldon wrote 1 year ago: In relation to the Herald’s reference to the content of documents produced, presumably, under … more →

Tags: subpoena, Undertaking as to use of documents

UCPR 29.2A: Channel Seven Sydney Pty Ltd v Senator Concetta Fierravanti-Wells [2011] NSWCA 246

Robert Sheldon wrote 1 year ago: McColl JA Uniform Civil Procedure Rule 29.2A   135. Finally I would briefly observe that the am … more →

Tags: UCPRs

Channel Seven Sydney Pty Ltd v Senator Concetta Fierravanti-Wells [2011] NSWCA 246

Robert Sheldon wrote 1 year ago: McColl JA 46. Prima facie, a grant of power to a court (including the conferral of jurisdiction) sho … more →

Tags: discretionary powers

Makucha v Sydney Water Corporation (No 2) [2011] NSWCA 249

Robert Sheldon wrote 1 year ago: Basten JA 6. It is established by authority in the High Court as well as in this Court that a refusa … more →

Tags: Disqualification

Tenth Circuit allows Utah continued control of trust property held by Warren Jeffs and polygamist sect.

Jodie L. Hill wrote 2 years ago: In recent years, Warren Jeffs, incarcerated leader of the Fundamentalist Church of Jesus Christ of L … more →

Tags: Property Law, Trusts & Estates, Trusts

Ninth Circuit upholds $250,000 verdict against debt-collection firm for emotional distress.

Jodie L. Hill wrote 2 years ago: Tim McCollough sued Johnson, Rodenburg & Lauinger, a debt-collection law firm, for pursuing his … more →

Tags: Contract Law, Consumer Protection, Statute of Limitations, Debt Collection

Fitzgerald v Parramatta Leagues Club Limited [2010] NSWSC 1126

robertsheldonsc wrote 2 years ago: Barrett J: 16 Counsel on both sides agreed that the question whether separate determination should b … more →

Tags: Separate issue


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