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Briginshaw V Briginshaw
''Briginshaw v Briginshaw''. (''Briginshaw)'' is a decision of the High Court of Australia, High Court of Australia which considered how the requisite standard of proof should operate in civil proceedings. The case is notable for having originated the 'Briginshaw standard', a legal doctrine deriving from Owen Dixon, Justice Dixon's obiter remarks within the case. In its present application, Briginshaw is precedent for the idea that 'the strength of evidence necessary to establish facts on the balance of probabilities, may depend on the nature of what is sought to be proven'. In particular it holds that cogent or strict proof is necessary to support a judicial finding of serious allegations (such as fraud or sexual assault). The case also served to confirm that the balance of probabilities is the applicable standard of proof in civil proceedings, subject to statute. Prior to Briginshaw, due to the state of the law in England at the time; Australian law regarding the onus of proof ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and overlooking ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Uniform Evidence Law
A uniform is a variety of clothing worn by members of an organization while participating in that organization's activity. Modern uniforms are most often worn by armed forces and paramilitary organizations such as police, emergency services, security guards, in some workplaces and schools and by inmates in prisons. In some countries, some other officials also wear uniforms in their duties; such is the case of the Commissioned Corps of the United States Public Health Service or the French prefects. For some organizations, such as police, it may be illegal for non members to wear the uniform. Etymology From the Latin ''unus'', one, and ''forma'', form. Corporate and work uniforms Workers sometimes wear uniforms or corporate clothing of one nature or another. Workers required to wear a uniform may include retail workers, bank and post-office workers, public-security and health-care workers, blue-collar employees, personal trainers in health clubs, instructors in summer cam ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1938 In Australian Law
Events January * January 1 ** The new constitution of Estonia enters into force, which many consider to be the ending of the Era of Silence and the authoritarian regime. ** State-owned railway networks are created by merger, in France (SNCF) and the Netherlands (Nederlandse Spoorwegen – NS). * January 20 – King Farouk of Egypt marries Safinaz Zulficar, who becomes Queen Farida, in Cairo. * January 27 – The Honeymoon Bridge at Niagara Falls, New York, collapses as a result of an ice jam. February * February 4 ** Adolf Hitler abolishes the War Ministry and creates the Oberkommando der Wehrmacht (High Command of the Armed Forces), giving him direct control of the German military. In addition, he dismisses political and military leaders considered unsympathetic to his philosophy or policies. General Werner von Fritsch is forced to resign as Commander of Chief of the German Army following accusations of homosexuality, and replaced by General Walther vo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canon Law
Canon law (from grc, κανών, , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members. It is the internal ecclesiastical law, or operational policy, governing the Catholic Church (both the Latin Church and the Eastern Catholic Churches), the Eastern Orthodox and Oriental Orthodox churches, and the individual national churches within the Anglican Communion. The way that such church law is legislated, interpreted and at times adjudicated varies widely among these four bodies of churches. In all three traditions, a canon was originally a rule adopted by a church council; these canons formed the foundation of canon law. Etymology Greek / grc, κανών, Arabic / , Hebrew / , 'straight'; a rule, code, standard, or measure; the root meaning in all these languages is 'reed'; see also the Romance-language ancestors of the English ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
No-fault Divorce
In a no-fault divorce the dissolution of a marriage does not require a showing of wrongdoing by either party. Laws providing for no-fault divorce allow a family court to grant a divorce in response to a petition by either party of the marriage without requiring the petitioner to provide evidence that the defendant has committed a breach of the marital contract. History In early modern Europe, Prussia took a pioneering role with Frederick the Great's 1757 edict allowing marriages to be resolved on the ground of serious and continuous hostility between spouses, without pointing to any one guilty party. This early example of no-fault divorce was expanded on and formalized with the 1794 ''General State Laws for the Prussian States'', which allowed childless couples to file for divorce without giving a ground. The first modern no-fault divorce law was enacted in Russia in December 1917 following the October Revolution of the same year. Regarding marriage as a bourgeois institution, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
President Of The NSW Court Of Appeal
The New South Wales Court of Appeal, part of the Supreme Court of New South Wales, is the highest court for civil matters and has appellate jurisdiction in the Australian state of New South Wales. Jurisdiction The Court of Appeal operates pursuant to the . The Court hears appeals from a variety of courts and tribunals in New South Wales, in particular the Supreme Court, the Industrial Court, the Land and Environment Court, the District Court, the Dust Diseases Tribunal, the Workers Compensation Commission, and the Government and Related Employees Appeal Tribunal. The Court of Appeal must grant leave to appeal a judgment of an inferior court, before it hears the appeal proper. If a petitioner is not satisfied with the decision made by the Court of Appeal, application may be made to the High Court of Australia for special leave to appeal the decision before the High Court. Because special leave is only granted by the High Court under certain conditions, the Court of Appeal i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Andrew Bell (judge)
Andrew Scott Bell (born 21 February 1966) is an Australian lawyer and judge currently serving as the Chief Justice of New South Wales. He was a Rhodes Scholar for New South Wales, practised as a barrister-at-law and an adjunct professor at the University of Sydney, and from 2019 was the President of the New South Wales Court of Appeal. On 7 March 2022, Bell was sworn in as the new Chief Justice of New South Wales, succeeding Tom Bathurst, who retired on 5 March 2022. Early life Bell is the son of economist Dr Harold Bell and art historian Dr Pamela Bell . His father had bachelor's degrees in arts and economics, a Masters of Commerce from the University of Melbourne, and a doctorate from the London School of Economics, and become a well-known economist and public commentator. His mother holds an honours degree in fine arts, a master's degree and a doctorate. She became the first curator of the University of Sydney's art collection and is highly regarded as an art historian. B ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of New South Wales
The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia. Matters of appeal can be submitted to the New South Wales Court of Appeal and Court of Criminal Appeal, both of which are constituted by members of the Supreme Court, in the case of the Court of Appeal from those who have been commissioned as judges of appeal. The Supreme Court consists of 52 permanent judges, including the Chief Justice of New South Wales, presently Andrew Bell, the President of the Court of Appeal, 10 Judges of Appeal, the Chief Judge at Common Law, and the Chief Judge in Equity. The Supreme Court's central location is the Law Courts Building in Queen's Square, Sydney, N ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (more serious) criminal matters. Cases are heard at first instance by single judges. The court includes an appeal division referred to as the Full Court comprising three judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family Court of Australia for all jurisdictions except family law. It was established in 1976 by the Federal Court of Australia Act. The Chief Justice of the Federal Court is James Allsop. Jurisdiction The Federal Court has no inherent jurisdicti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peter Heerey
Peter Cadden Heerey (16 February 1939 – 1 May 2021) was a judge of the Federal Court of Australia from 1990 to 2009. Heerey attended St Virgil's College and the University of Tasmania, graduating with a Bachelor of Arts and a Bachelor of Laws (first class honours) degree. He practised as a solicitor in Hobart, before moving to Melbourne to become a barrister in 1967, and was appointed Queen's Counsel in 1985. Heerey was appointed to the Federal Court of Australia in 1990. In 1992, he was a judge of the Supreme Court of Vanuatu. In 2000 he was appointed President of the Australian Defence Force Discipline Appeals Tribunal, in 2003 a Deputy President of the Australian Competition Tribunal and in 2005 a Presidential Member of the Administrative Appeals Tribunal. Heerey published papers in Australian and overseas professional and academic journals in the areas of corporations law, defamation, expert evidence, intellectual property, law and literature and Federation history. He ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Victoria
The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court comprises two divisions: the Trial Division, which oversees its original jurisdiction, and the Court of Appeal, which deals with its appellate jurisdiction, and is frequently referred to as a court in its own right. Although the Supreme Court is theoretically vested with unlimited jurisdiction, it generally only hears, at trial, criminal cases in instances of murder, manslaughter or treason, and civil cases where the statement of claim is in excess of the Magistrates' Court limit of $100,000. The court hears appeals from the County Court, as well as limited appeals from the Magistrates' Court. Decisions of the Supreme Court are appealable to the High Court of Australia. The building itself is on the Victorian Heritage Register. Jurisdic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
