Author adminPosted on Categories Legal profession, Professional fees Leave a comment on How you can save on legal fees
It is well known that legal fees tend to be expensive. 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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Author adminPosted on Categories Defamation 1 Comment on Moira Deeming wins defamation claim against John Pesutto
Victorian MP Moira Deeming has won her defamation claim against Liberal leader John Pesutto with an award of $300,000 in damages.
The rally
Moira Deeming, a First-term Liberal MP attended and was one of a series of speakers at a rally held on the steps of Victoria’s parliament in March 2023.
The rally was co-organised by the UK gender-critical activist Kellie-Jay Keen, as part of Keen’s “Let Women Speak” tour of Australia and New Zealand last year, which held rallies in several cities about how the push for transgender rights was negatively impacting women. The rally was gatecrashed by neo-Nazis, who performed the Sieg Heil salute on the front steps of parliament.
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Author adminPosted on Categories Democracy, Liberty Leave a comment on Labor drops Orwellian ‘misinformation bill’
In 2013, Labor tried to regulate the media in order to stop News Corp journalists fiercely criticising its poor performance.
Years later, the newly elected Albanese Government plainly considered this to be unfinished business. So in their first term it also tried to pass a ‘misinformation bill‘ which would have allowed it to exert control over online social media platforms and websites which aggregate content from publishing or permitting content that the government considers to be misleading and harmful.
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Author adminPosted on Categories Criminal law Leave a comment on Jussie Smollett fake race hate crime hoax conviction overturned
American actor Jussie Smollett claimed to have been the victim of a hate crime. His story was inherently implausible – that two MAGA hat wearing homophobic white supremists saw him in the early hours of downtown Chicago – a deeply Democratic party voting area populated with many African Americans – and beat him up while it was snowing.
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Author adminPosted on Categories civil litigation, Criminal law 1 Comment on Types of appeals in Queensland and the Federal Courts
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, 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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Author adminPosted on Categories Human rights 1 Comment on Labor’s misinformation bill is about controlling public discourse
Ever noticed how terms like ‘misinformation’ and ‘misinformation’ are used to dismiss dissent?
Claire Lehmann, founding editor of Quillette, outlines how the term ‘misinformation’ is used to label contrary points of view, and provides the following examples:
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Author adminPosted on Categories Defamation Leave a comment on John Peros loses defamation claim about Shandee Blackburn murder
In 2013, Shandee Renee Blackburn, a 23 year old woman, was murdered in Mackay whilst walking home alone from her workplace. She had been stabbed 23 times in multiple places including the neck, head, and chest, including defensive wounds on her arms.
On 4 September 2014, Shandee Blackburn’s ex-boyfriend John Peros was arrested and charged for her murder. He was subsequently acquitted by a jury.
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Author adminPosted on Categories Family law Leave a comment on Family law changes now in effect
Last year, the Family Law Amendment Act 2023 was passed. The provisions of this Act are now in effect.
Author adminPosted on Categories Criminal law Leave a comment on Sexual harassment solicitor Owen Hughes again refused practising certificate
Sexual harassment solicitor Owen Maldwyn Hughes has again been refused a practising certificate in NSW.
Hughes was sued by Catherine Mia Hill, a Junior Solicitor once in his employ.
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Author adminPosted on Categories Criminal law Leave a comment on NSW DPP Sally Dowling referred to Bureau de Spank
The extraordinary war between NSW Director of Public Prosecutions Sally Dowling SC and at least part of the NSW District Court continues.
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