AFTER THE LAW Sydney's Phoenician Club, the New South Wales Premier and the death of Anna Wood

Perfect Beat ◽  
2015 ◽  
Vol 4 (1) ◽  
pp. 56-83 ◽  
Author(s):  
SHANE HOMAN
2017 ◽  
Vol 76 (3) ◽  
pp. 483-486 ◽  
Author(s):  
Paul S. Davies

Both interpretation and rectification continue to pose problems. Difficulties are compounded by blurring the boundary between the two. In Simic v New South Wales Land and Housing Corporation [2016] HCA 47, the High Court of Australia overturned the decisions of the lower courts which had held that performance bonds could be interpreted in a “loose” manner in order to correct a mistake. However, the documents could be rectified in order to reflect the actual intentions of the parties. This decision should be welcomed: the mistake was more appropriately corrected through the equitable jurisdiction than at common law. Significantly, the concurring judgments of French C.J. and Kiefel J. highlight that the law of rectification now seems to be different in Australia from the law in England. It is to be hoped that the English approach will soon be revisited (see further P. Davies, “Rectification versus Interpretation” [2016] C.L.J. 62).


1977 ◽  
Vol 191 (1) ◽  
pp. 31-38 ◽  
Author(s):  
R. G. Vaughan

The effects of compulsory seat belt wearing have been evaluated for the most populous Australian State — New South Wales. Wearing rates are now very high and although surveys have shown increasing acceptance of the safety value of belts, a sizable minority of motorists apparently only wear their belts because of the law. Compulsory belt wearing appears to have saved a substantial number of vehicle occupant lives, with the main saving being among young adults. Urban deaths appear to have been affected more than rural deaths. There is tentative evidence of reductions in serious injuries among occupants. A side effect of the law has been increased usage of restraining systems for young children.


2015 ◽  
Vol 33 (1) ◽  
pp. 181-200 ◽  
Author(s):  
Catherine Bishop

In 1860 and again in 1864, Alexander Spiers appeared before the insolvency court in Sydney, endeavoring to explain his failure in business. He was described as a milliner in the records but he had never made a bonnet in his life. The real milliner and businesswoman was his wife, Ann Spiers, who had been running her business since her marriage in 1846. She made purchasing and pricing decisions, managed staff, was the front person in the shop, and advertised in newspapers. She told the insolvency court in 1860 that her husband “used to keep the books and attend to the house business but he never sold anything in the shop. He used to mark the goods occasionally.” Alexander Spiers similarly distanced himself. “My wife put the value upon the articles in our stock,” he said. “She is much better acquainted with their value than myself.” In spite of this, it was Alexander Spiers' name that was on the insolvency papers. Under the law of coverture, he was responsible for his wife's debts and her business legally belonged to him.


2012 ◽  
Vol 23 (1) ◽  
pp. 47-64
Author(s):  
Michael J Kirby CMG

When I retired from judicial office after 34 years service (13 of them as a Justice of the High Court of Australia), I was richly rewarded for my labours by the practising Bar.  Here in England, Inner Temple did me the honour of electing me a Bencher.  I was proud to follow Peter Taylor to that office.  In Australia, the Australian Bar Association, the Law Council of Australia and the governing body of my home Bar, the New South Wales Bar Association, conferred on me honorary life memberships.  I say this not to boast but to illustrate the forgiving qualities of barristers for the assaults that judges inflict on them during service in the courts.


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