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Time to sue: The law of limitation periods

Posted on Categories civil litigation, Defamation, litigation, Negligence, Personal Injury Tags , , , , , , , , , , 2 Comments on Time to sue: The law of limitation periods

Are there time limits on when you can sue? Read about what limitation periods are, and how they work.

WHAT ARE LIMITATION PERIODS?

Limitation periods in the law impose time limits within which types of civil proceedings should ordinarily be commenced. In commercial litigation, statutes of limitations impose most of the limitation periods. In Queensland, the statute of limitations is the Limitation of Actions Act 1974.

There are other time limits imposed under the law, but this article concerns time limits imposed under statutes of limitations, particularly the Limitation of Actions Act 1974 (Qld).
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Types of appeals in Queensland and the Federal Courts

Posted on Categories civil litigation, Criminal law, litigation Tags , , , , , , , , , , , , , , 1 Comment on Types of appeals in Queensland and the Federal Courts

Legal advice

Appeals in the law are creatures of statute: Attorney-General v Sillem [1864] EngR 352; (1864) 10 HLC 704 at 720-721, Mickelberg v The Queen [1989] HCA 35, Deane J at [4], R v Ferguson; ex parte A-G (Qld) [2008] QCA 227 at [20]. In other words, they never existed at common law, but were instead created by legislation. Therefore, appeals can only be made and determined in accordance with statutory provisions and Court rules about appeals, and primary regard must be had to them. The “common law” of appeals is the case law of interpretation of such provisions.

The joint judgment of Gleeson CJ, Gummow and Kirby JJ in Fox v Percy (2003) 214 CLR 118 distinguished between four types of appeals:

“[20] Appeal is not, as such, a common law procedure. It is a creature of statute. In Builders Licensing Board v Sperway Constructions (Syd) Pty Ltd, Mason J distinguished between (i) an appeal stricto sensu, where the issue is whether the judgment below was right on the material before the trial court; (ii) an appeal by rehearing on the evidence before the trial court; (iii) an appeal by way of rehearing on that evidence supplemented by such further evidence as the appellate court admits under a statutory power to do so; and (iv) an appeal by way of a hearing de novo. There are different meanings to be attached to the word “rehearing”. The distinction between an appeal by way of rehearing and a hearing de novo was further considered in Allesch v Maunz. Which of the meanings is that borne by the term “appeal”, or whether there is some other meaning, is, in the absence of an express statement in the particular provision, a matter of statutory construction in each case.”

It is important for practitioners to understand the different types of appeals in order to be able to know the nature of each type, and therefore how they will be considered and determined. Such knowledge is a prerequisite for practitioners to appraise themselves of the prospects of success in such appeals they may act in.

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How you can save on legal fees

Posted on Categories Criminal law 2 Comments on How you can save on legal fees

This post discussed why legal fees tend to be so high. The good news is that as a client there are a number of ways you can reduce your legal fees, as the rest of this article will show.
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Sue Chrysanthou SC restrained from representing Christian Porter

Posted on Categories Defamation Tags , , , 3 Comments on Sue Chrysanthou SC restrained from representing Christian Porter

Defamation specialist Sue Chrysanthou SC has been restrained by a Federal Court judge from representing former Attorney General Christian Porter in his defamation suit against the Australian Broadcasting Corporation (ABC) and its star reporter Louise Milligan.

This is a blow for Porter, who had engaged Sue Chrysanthou SC after the ABC aired allegations that he had raped a member of his debating team in the 1980s.
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Jarryd Hayne sentenced to five years and nine months imprisonment for sexual assault

Posted on Categories Criminal law Tags , , , , , 2 Comments on Jarryd Hayne sentenced to five years and nine months imprisonment for sexual assault

Rugby league star Jarryd Hayne was found guilty of two counts of sexual intercourse without consent.

Hayne had pleaded not guilty and denied sexually assaulting the then 26-year-old woman at her home at Fletcher, on Newcastle’s outskirts, in September 2018.

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Judge Vasta sued for $2M over imprisonment of husband

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THE FACTS

Mr Stradford (“the husband”) and Ms Stradford (“the wife”) were engaged in property settlement proceedings in the Federal Circuit Court of Australia. Within those proceedings, on 6 December 2018 Judge Vasta made the following declaration and order:

1. That the Applicant [MR STRADFORD] be sentenced to a period of imprisonment in the [X Correctional Centre] for a period of twelve (12) months, to be served immediately with the Applicant to be released from prison on … 2019, with the balance of the sentence to be suspended for a period of two (2) years from today’s date.

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Why your agreement should be in writing (video)

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Having a written agreement ensures that there is no doubt or disagreement as to what the agreement was. This significantly reduces the risk of disputes later on. And the chances of a dispute arising when an important agreement is not reduced to writing are numerous.

It is a very good idea to see a solicitor to draft your agreement. The advantages of doing so are numerous:

1) Solicitors are good at drafting documents in a clear, concise and legally effective manner

2) Solicitors might be able to advise you which parts of the agreement may be void or unenforceable, and how the agreement can be amended to avoid such an outcome

3) Solicitors are able to think of issues that you may not have considered eg: how can the agreement be terminated? Should a provision be made for a renegotiation after a set period of time? Should timeframes be included to ensure the parties comply with their obligations in a timely manner? How will a key term of the agreement be defined? What happens if the agreement is breached? And so on.

4) Solicitors can insert ‘standard’ clauses in the agreement which strengthen and improve it.

If your agreement is important to you, getting a solicitor to draft it is the best decision you can make. Sterling Law can assist you with this.

Jarryd Hayne found guilty of sexual assault

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Rugby league star Jarryd Hayne was today found guilty of two counts of sexual intercourse without consent.

Hayne had pleaded not guilty and denied sexually assaulting the then 26-year-old woman at her home at Fletcher, on Newcastle’s outskirts, in September 2018.

His first trial in Newcastle last year ended in a hung jury, however the jury found him guilty of performing oral and digital sex on the complainant without her consent.

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Treatment Authorities under the Mental Health Act 2016 (Qld)

Posted on Categories Human rights Tags , , , , 2 Comments on Treatment Authorities under the Mental Health Act 2016 (Qld)

What is a treatment authority?

 

A treatment authority is an order made by an authorised doctor for the treatment of a person with a mental illness without that person’s consent. A treatment authority order can authorise the involuntary detention of the person receiving treatment at a mental health facility, or community-based treatment.
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