peteraclarke
A legal blog with whimsical musings over matters political and cinematic....and whatever else takes my fancy.
Latest Blog Posts
- Nothing quite like an ex PM riled… to call for reform to Privacy Laws on Nov 2, 2009 in General
The Age reports Paul Keating calling for reforms to Privacy Laws in Angry Keating demands changes to privacy laws. The offending incident is covered in the usual breathless style of the Daily Telegraph in Katherine Keating threat to kill photograph...
- Federal Government Response to the ALRC report on Privacy on Oct 15, 2009 in General
Yesterday the Federal Government released its “first stage reponse” to the ALRC report on Privacy. Senator Ludwig, Special Minister of State, in his speech Privacy – the way ahead, said the Government would essentially rewrite...
- The National Human Rights Consultation Report on Oct 8, 2009 in General
Father Frank Brennan’s National Human Rights Consultation Report has been released. Let the “debate” begin. It will be a boon for conservative commentators. Janet Albrechtson will be running a piece every 3 weeks or so on the ev...
- Breach of warranty of authority, section 53(bb) Trade Practices Act, misleading conduct:BHPB Freight Pty Ltd v Cosco Oceania Chartering Pty Ltd (No 3) [2009] FCA 1087 (25 September 2009) on Oct 4, 2009 in General
When Finkelstein J puts down gavel he would serve the community mightily in picking up the pen. He is one of the word smiths of the bench. His decisions are invariably succinct and precise. Besides there are not many other judges who are so comfor...
- Interlocutory injunctions, undertaking on damages, public interest: Environment East Gippsland Inc v VicForests (No. 2) [2009] VSC 421 (29 September 2009) on Oct 2, 2009 in General
It is ubiquitous that a successful applicant for interlocutory injunctive relief gives an undertaking as to damages. But not universal. In Environment East Gippsland Inc v VicForests (No. 2) Forrest J considered the principles involving injunctions...
- UK Government considers scrappoing multiple acts of defamation for republishing an article on the web… About time on Oct 1, 2009 in General
The UK Government has released a discussion paper, Defamation and the internet: the multiple publication rule which includes some very sensible reforms. Not the least of which is restricting liability to a single publication of a defamatory article...
- Disciplinary proceedings & unprofessional conduct, Human Rights Act 2004, Legal Profession Act (ACT): DAVID LANDER v COUNCIL OF THE LAW SOCIETY OF THE AUSTRALIAN CAPITAL TERRITORY on Sep 30, 2009 in General Legal
Abraham Lincoln had good advice about writing a letter when angry. Write the letter, you will have a good time getting your feelings onto paper and feel the better for it. Leave it overnight. Return the next day, burn the letter and writer another...
