Can contractual boilerplate become . . . riveting? In the Full Federal Court yesterday, arguably yes - here I am explaining why: stevensvuaranlawyers.com/contractual-bo #auslaw
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Angus M-a-c-i-n-n-i-s
@AequoEtBono
Here you'll find #auslaw, music I'm digging, and beverages I'm imbibing. You won't find the opinions of my employer (those are, "You there, do some work")
Gadigal landJoined May 2010
Angus M-a-c-i-n-n-i-s’s Tweets
Christmas has come early for #auslaw private international law nerds as a strong Full Fed Ct splits on the Ruby Princess class action appeal (this must be dripping with special leave points): classic.austlii.edu.au/au/cases/cth/F
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Full Fed Ct confirms that "References to a statute law also includes all its amendments or replacements" saves insurance policy which referred to Quarantine Act 1906, not current Biosecurity Act, in the exclusion: classic.austlii.edu.au/au/cases/cth/F #auslaw
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Right then, #auslaw people, do you know any nascent legal superstars who might like to toil down the law mines for us?
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A bit surprised that apparently serious media outlets are fawning over Hedley Thomas without mentioning that he was found to have sparked "the most egregious example of media interference with a criminal trial process"(at [443]) by the NSW Sup Ct: caselaw.nsw.gov.au/decision/17471 #auslaw
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Were heat-related injuries suffered by plaintiff left unconscious in hot car "caused by or arising out of use of a motor vehicle"? Held by Vic Ct of App, "yes": classic.austlii.edu.au/au/cases/vic/V #auslaw
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It appears that the Ministry that Morrison didn't appoint himself to was the Ministry of Let Me Google That For You . . .
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Get out your tiny violin. A public servant has not sent @ScottMorrisonMP the terms of reference for an inquiry that are publicly available on the internet and @pmc_gov_au website
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Hurray! Looking forward to the copy I pre-ordered arriving soon #auslaw
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Out now: The 7th edition of Professor Zines’s classic book on Australian constitutional law by Professor James Stellios @ANU_Law – 'Zines and Stellios’s The High Court and the Constitution'. #auscon #auslaw
Order your copy here:
federationpress.com.au/product/ziness
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I suppose I feel better about the fact that it is not just me who has noticed that although some of the froth has come out of the market, the underquoting has not:
NSW Ct of App slots Dick Smith directors involved in approving dividends despite cash flow problems; wrongly approving dividend did (contra trial judge) cause loss to company: classic.austlii.edu.au/cgi-bin/sinodi #auslaw
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This is (in #auslaw terms) everything (except, perhaps, an album by a vibraphone player able to bring "the vibe") . . .
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“Before they were famous …”
Albums released by Justices of @HighCourtofAus prior to appointment.
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I did not know before reading this from that mantecatura was called "mantecatura" but I do know that when I learned about it, it improved my pasta dishes 3000%:
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The experience of Bin Chicken SC teaches that if you want to win your cases, it is important to ensure that what falls from the Bench is not lost in the undergrowth #BinChickenSC
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Gosh, this is quite the ride - if you are thinking of making a reality TV series about the life of Roberta Williams without the bucks to fund it, probs best reconsider, I'd wager #auslaw
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Judge Fiona Todd has handed down her sentencing reasons in the Director of Public Prosecutions v Roberta Williams and Ors. Read Her Honour's written remarks in full: bit.ly/3pSfwAd #AusLaw
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The problem with not having specialist legal journalists is that you get articles regurgitating what the solicitor for the plaintiff said rather than reporting on what was actually decided: classic.austlii.edu.au/au/cases/vic/V #auslaw
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The preferred candidate for those particular offences has been quietly told that they won't be going to jail after all . . .
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Any day when I get to work "the Mandy Rice-Davies Rule" into the first paragraph of an article on our website is a Good Day: stevensvuaranlawyers.com/fake-cv-wages/ #auslaw
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I think you'll find the Commonwealth has power to legislate with respect to lighthouses, but not share houses. What the defence power allows in times of war is not a good guide to what can be done today, just quietly: theguardian.com/australia-news #auslaw
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It is bad enough when French prisoners are given carte blanche - it is even worse when they get kart blanche as well:
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The equivalent NSW provision is "arising from abuse (including sexual abuse) against a child, whether arising under this Part or the common law", so I think the Victorian decision clarifies the NSW law, also #auslaw
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Vic Sup Ct finds that Victorian "anti Eliis defence" legislation applies to nervous shock claims by parents of abused children as these are claims "founded on or arising from child abuse": classic.austlii.edu.au/au/cases/vic/V #auslaw
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Truck Acts protecting workers from being paid in kind go back to about 1464, so it's possible that the NFF haven't thought this one all the way through #auslaw
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Workers could be part-paid with fruit and veg as farmers seek to ‘streamline’ pay deals #auspol #ausunions
theguardian.com/australia-news
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The Age might also be in denial about the understanding of the apostrophe over there at Pagemaster’s
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If you get a job with a fake CV, do you have to pay back all the wages you earned in the position when you get found out? Very good question, I am glad you asked: stevensvuaranlawyers.com/fake-cv-wages/ #auslaw
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Is "Gold Coast investment scheme promoter" the new "colourful Sydney racing identity?" #auslaw
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Former Gold Coast investment scheme promoter Anthony Silver pleads guilty to fraud asic.gov.au/about-asic/new
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"An unpublicised appointment to administer a department
therefore fundamentally undermines not just the proper functioning of responsible government, but also the relationship between the Ministry and the public service". pmc.gov.au/sites/default/ #auslaw
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Collegiality between the big beasts of the Sydney Bar on a special leave application - Walker SC's feed drops out, Hutley SC offers to go next door to Walker SC's room to find out if he is back online: classic.austlii.edu.au/au/cases/cth/H #auslaw
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Hey #auslaw WHS folk, any other examples of a manslaughter charge following after a successful WHS prosecution? (Turner was fined $100K by Russell DCJ - see [2020] NSWDC 180):
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Finally a “pub test” we can all get behind
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There are Cookers in court in the Supreme Court of Victoria (albeit not the sort of Cookers usually covered by ): classic.austlii.edu.au/au/cases/vic/V #auslaw
Missed this when it came down, but it appears that eating a muffin "in Court" when you are on an AVL hearing is "indecorous", but not a relevant factor in an application for a personal costs order: austlii.edu.au/cgi-bin/viewdo #auslaw
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Disappointed that The Oz appears not to recognise that some of us like to take our silk pocket squares into the great outdoors . . .
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UK Sup Ct hands down fascinating decision about the measure of criminal compensation payable by a person who obtains a job by CV fraud but then renders full service (until found out) for their wages: supremecourt.uk/cases/uksc-202
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Looks like will be exposed to COVID-19 again - special leave granted in the Quarrymans Hotel case about whether a buyer could back out of buying a pub when public health orders stopped the pub from operating: cdn.hcourt.gov.au/assets/registr #auslaw
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Bin Chicken SC uses flash cards to reinforce the two best points in this morning’s appeal, being the emergency assembly point and what Kiwis call the muster point (aka the mister point for Australians) #BinChickenSC
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This looks to be solidly in my wheelhouse (as is the excellent thread explaining the themes that arise)
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My next book is *Chokepoint Capitalism*, co-written with @rgibli: it's an action-oriented look at how tech and entertainment monopolies steal creators' incomes, with detailed, shovel-ready plans to unrig creative labor markets and pay artists:
beacon.org/Chokepoint-Cap 1/
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