Accounting for profits

Accounting for profits More recently in Victoria Friendly Society Ltd v Lifeplan Australia Friendly Society Ltd (2018) 92 ALJR 918; [2018] HCA 43 Kiefel CJ, Keane and Edelman JJ said (at [6]-[7]) (citations omitted): In Consul Development Pty Ltd v DPC Estates Pty Ltd, in a passage accepted as authoritative by both sides in the present case, Gibbs J […]
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What is an indenture?

We’ve already examined the historical distinction between a deed poll and an deed inter-parties. But here is another! Whereas a deed poll, made by one party only, had a shaved or “polled” edge, an indenture, which was a deed to which two or more persons are parties and which evidenced some act, bargain, contract, conveyance, […]
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What is a deed inter-parties or indenture?

A deed inter-parties is a deed which expressly states that it is made between two or more named persons. The difference between a deed poll and a deed inter partes is absolutely crucial because of the difference as to who may enforce the deed in question. It is clear that any person named or sufficiently […]
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Doctrine of Privity

Doctrine of Privity

Beneficiary actions – ‘Special Circumstances’

Source: Colin R Price & Associates Pty Ltd v Four Oaks Pty Ltd [2017] FCAFC 75 Where “special circumstances” exist, a beneficiary under a trust such as Grovan may bring proceedings that ordinarily should be brought by the trustee in his, her or its own right against a third party or other beneficiary on any cause […]
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Actual and Ostensible authority

See the principles in relation to actual and ostensible authority in Junker v Hepburn [2010] NSWSC 88 (Junker) at [39]-[48] (Hammerschlag J) Agency 39 The authority of an agent may be: actual (either express or implied) where it results from a manifestation of consent that the agent should represent or act for the principal expressly […]
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Time to tart-up one’s Pleadings?

Is this the new normal when pleading claims under the MACA/Civil Liability Act? From Fairall v Hobbs [2017] NSWCA 82; 347 ALR 151 A fundamental problem in the way the respondent (the plaintiff below) and the primary judge approached the issue of the existence and scope of the duty of care in this case is that […]
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WSLSA International Humanitarian Law Moot Competition

Honored to be invited by the Western Sydney Law Students’ Association (WSLSA) to judge the final of the WSLSA International Humanitarian Law Moot Competition on Saturday 20 May 2017 at the Supreme Court of New South Wales. The winner will represent Western Sydney University, and the WSLSA, at the Australian Law Students’ Association Conference to be held in Canberra in July 2017.

Contract law series – seminar 13 – illegality and remedies

Seminar 13 in the Contract Law Series – illegality and remedies This is a presentation to unversity-level students in Contract Law by Dr William Higgs, Barrister-at-law, Elizabeth Street Chambers, Sydney, Australia. This is teaching material. No warranty is given about the accuracy of the information contained. This presentation is updated from time to time. Seminar […]
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Contract law series – seminar 12 – Vitiating factors – misrepresentation, misleading and deceptive conduct

Seminar 12 in the Contract Law Series – Vitiating factors – misrepresentation, misleading and deceptive conduct. This is a presentation to unversity-level students in Contract Law by Dr William Higgs, Barrister-at-law, Elizabeth Street Chambers, Sydney, Australia. This is teaching material. No warranty is given about the accuracy of the information contained. This presentation is updated […]
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