Hearsay ... the Journal of the Bar Association of Queensland
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From the Editor


Welcome to the September 2018 edition of Hearsay. A Valedictory Ceremony to honour and farewell the Honourable Justice John Dowsett AM of the Federal Court of Australia, was held on Thursday 26 April 2018. A copy of the President’s speech on that occasion may be accessed here. The following day ... read more

Bar Dinner 2018

Bar Dinner 2018
Issue 83: September 2018
Rescission and Awards of Interest Rescission and Awards of Interest By Stephen Lee In an earlier article, I dealt with interest in equity, with specific reference to the administration of trusts, and claims against trustees and other fiduciaries. This article d...Read More >>
The disavowal of “Wrotham Park” damages- Case note: Morris-Garner & Anor v One Step (Support) Ltd [2018] UKSC 20 by Jay Tseng [1] The UK Supreme Court has recently handed down its exegesis on the law of damages in Morris-Garner &a...Read More >> The disavowal of “Wrotham Park” damages
In This Issue
Silks’ CeremonyChief Justice Kiefel Monday 5 February 2018  Present in Court today is the Honourable Mary Gaudron, a former Justice of this Court. Also present are the Chief Justice of the Federal Court ...Read More >>
Criticism of the courts and judges:Informed criticism and otherwise [1] Speech by The Honourable Chief Justice Geoffrey Ma at the 2018 Supreme Court of Queensland Oration 21 May 2018 Brisbane, Queensland  1.&nb...Read More >>
Making Civil Litigation Less ExpensiveMEDIA RELEASE DATE: 20 August 2018  MAKING CIVIL LITIGATION LESS EXPENSIVE The Supreme Court of Queensland has introduced new practices to make civil litigation more efficient and less expensi...Read More >>
Big enhancements to family law eFiling coming soonParties wishing to initiate a Family Law proceeding or file supporting documents on an existing file in the Family Court of Australia or the Federal Circuit Court of Australia will soon be able to do ...Read More >>
Securities Class Actions[1] and the Vexing Question of Causation         In 2016 Justice Beach of the Federal Court made the following observation: Litigation funding has produced the following ...Read More >>
Aboriginal and Torres Strait Islander Students’ Moot Competitionby Ken Barlow QC O n 3 August 2018 the Federal Court in Brisbane hosted the 4th Aboriginal and Torres Strait Islander Students’ Moot Competition, in which Indigenous students from 4 Queensland ...Read More >>
More ChambersRoom available in Santos Place, Level 28 East Spacious room with CBD and Southbank river views Suit busy junior or silk Fourteen barristers, two secretaries Good mix of young and experienced couns...Read More >>
The Dominance of Contract over Tort Law in Pure Economic Loss ClaimsUnwarranted Consequences The historical development of the tort of negligence was in the context of wrongful injuries to person or property. The seminal statement of Lord Atkin in Donoghue v Stevens...Read More >>
Practice Case Note:by Adrian Duffy QC  CPJ17 v Minister for Immigration and Border Protection [2018] FCA 1241 In this case, Charlesworth J had before her for consideration whether Rule 4.03 of the Federal Court ...Read More >>
Sherrin PartnersTailored financial advice for barristers.
Case Note: Birketu Pty Ltd v Westpac Banking Corporation[2018] NSWSC 879 by Adrian Duffy QC  Birketu Pty Ltd v Westpac Banking Corporation [2018] NSWSC 879 This recent decision of McDougall J in the New South Wales Supreme Court offers a ti...Read More >>
Case NoteBy Dimitrios Eliades Generate Group Pty Ltd ACN 072 667 228 v Sea-Tech Automation Pty Ltd ACN 003 916 434 and Gregory John Harris   The earlier proceeding In 2007 the author re...Read More >>
Hanrick Curran Specialised accounting advice for barristers  Hanrick Curran has over 30 years experience helping legal professionals create and execute strategies to achieve greater success.   Read More >>
To intermeddle, or not to intermeddle, that is the questionThe question posed by this paper takes its inspiration from the opening phrase of the so called “nunnery scene” of William Shakespeare’s play, Hamlet. In this scene, Hamlet is contem...Read More >>
From the ashes: the Supreme Court fire of 1968sclqld.org.au/legalheritage 10 September to 21 December Free entry, weekdays from 8.30am to 4.30pm Supreme Court Library Queensland Level 12, QEII Courts of Law On 1 September 1968 t...Read More >>
Speeches and Legal Articles of Interest The following is a selection of links to articles, papers and other items which may be of interest to readers. Read More >>
Morgans Tynan PartnersMorgans Tynan Partners is a firm of stockbrokers and financial advisers. We are not a bank, nor are we owned by a big institution wanting to sell its products.  Read More >>
Book Review: Commercial Tenancy Law, 4th EditionAuthor: Clyde Croft, Robert Hay and Luke Virgona Publisher: LexisNexis Butterworths Reviewer:  Kirsty Gothard  As noted in the preface, Commercial Tenancy Law is a comprehensiv...Read More >>
Book Review: Marshall HallA Law unto Himself Hard cover, 302 pages Author: Sally Smith QC. Publisher: Wildly, Simmonds and Hill Publishing Reviewer: Brian Morgan I start this review with the statement that thi...Read More >>
Book Review: Torts Cases and Commentary (8th Edition)  1080 pages, softcover Authors: Harold Luntz, David Hambly, Kylie Burns,  Joachim Dietrich, Neil Foster, Genevieve Grant, Sirko Harder Publisher: LexisNexis Revie...Read More >>
Book Review: Dark MoneyAuthor: Jane Mayer Publisher: Scribe Reviewer: Stephen Keim SC In a sign that my allotted time is ebbing away even more quickly than I had imagined, I notice that my review of Ms. Mayer’s previous ...Read More >>
Book Review: Forgotten WarAuthor: Henry Reynolds Publisher: Newsouth Reviewer: Franklin Richards Good books excite the mind but great books stir the heart. Forgotten War is such a book. On Sunday 18 March 2018, The Hono...Read More >>
Book Review: Australian Constitutional Law and Theory Commentary and Materials(7th ed) Authors: Blackshield and Williams Publisher: The Federation Press Reviewer: Dr Chris McGrath The 7th edition of Blackshield and Williams Australian Constitutional Law ...Read More >>
Court of Appeal Judgment Summary NotesThe following summary notes of recent decisions of the Queensland Court of Appeal have been prepared by Bruce Godfrey, Court of Appeal Research Officer. They provide a brief overview of each case. The...Read More >>
High Court of Australia Judgment Summary NotesThe following summary notes of recent decisions of the High Court of Australia provide a brief overview of each case. For more detailed information, please consult the Reasons for Judgment which may b...Read More >>
Classifieds Barrister’s Regalia - For Sale   Wig (Size 61) and timber stand - $750 Gown (Size 140), bar jacket (Size 5 – 97R) and 3 jabots (47-48) - $650 Or the lot for $1250. All ‘as n...Read More >>
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