Court : Australia High Court
..... 348 [13]. [97][1990] hca 9; (1990) 169 clr 245. [98]unreported, court of appeal of the supreme court of new south wales, 12 june 1980. [99]civil liability amendment (personal responsibility) act 2002 (nsw). [100]commissioner of police v eaton [2013] hca 2; (2013) 87 aljr 267 at 286 [97]; [2013] hca 2; 294 alr 608 at 631; [2013] hca 2 ..... entitled to make a claim for personal injury damages". section 10 in pt 2 of the liability act as enacted precluded a court from awarding damages to a claimant contrary to pt 2. the civil liability amendment (personal responsibility) act 2002 (nsw) effected extensive amendments to the liability act, inserting parts dealing with negligence, mental harm, proportionate liability, the liability of public and other authorities .....
Tag this Judgment!Court : Australia High Court
..... the maintenance of the constitutionally prescribed system of representative and responsible government, and the procedure prescribed by s 128 of the constitution for submitting a proposed amendment of the constitution to the informed decision of the people? the answer to the first question in this case is yes. it was not in dispute ..... full court found, pars 2.3 and 2.8 infringed the implied freedom of political communication. reasonableness and reasonable proportionality 47. the third respondent by his amended notice of contention asserted that the impugned provisions of by-law no 4 were "an unreasonable exercise" of the by-law making power and "not a ..... activities in particular places[33]. provision for that kind of licensing was made in the 1934 act. as enacted, that act conferred power on local governments to license a variety of activities, including "noisy trades" (such as wood-cutting and boiler-making)[34], horse bazaars and cattle markets[35], chimney-sweeps[36], ice cream carts[37 .....
Tag this Judgment!Court : Australia High Court
..... have been elaborated on the international level"[29]. its dual significance was elaborated in an explanatory note by the uncitral secretariat on the uncitral model law as amended in 2006 ("the uncitral explanatory note") as follows[30]: "it grants the parties the freedom to choose the applicable substantive law, which is important where ..... (cth), s 2d(d), (e) and (f). [68] international arbitration act 1974 (cth), s 2d(b) and (c). [69] adopted by the united nations commission on international trade law ("uncitral") on 21 june 1985 and amended by uncitral on 7 july 2006. [70] (2010) at 86. [71] the term "private arbitration" refers to ..... french cj and gageler j. introduction 1. the international arbitration act 1974 (cth) ("the iaa") gives the force of law in australia to the uncitral model law on international commercial arbitration adopted in 1985 and amended in 2006 ("the uncitral model law") by the united nations commission on international trade law ("uncitral")[1]. in these reasons, .....
Tag this Judgment!Court : Australia High Court
..... it be taken, in the absence of clear words, to displace the inherent powers of the supreme court. the inherent powers and the ucpr 39. the supreme court constitution amendment act 1861 (q) established the supreme court of queensland as "a court of civil and criminal jurisdiction which court shall be a court of record." the supreme court ..... by operation of s 11(1) of the supreme court of queensland act 1991 (q). that act was amended by s 181 of the civil proceedings act 2011 (q) following the repeal of the supreme court act 1995 (q) by s 211 of the 2011 act. section 11(1) of the 1991 act provides that the supreme court "retains all the jurisdiction and power that ..... may have been derived from the 1995 act or any of the acts referred to in .....
Tag this Judgment!Court : Australia High Court
..... 336; [2014] hca 2. [107] section 19 (renumbered s 24) of the criminal procedure act 1986 (nsw), introduced by the criminal procedure (amendment) act 1988 (nsw). [108] section 100ha of the justices act 1902 (nsw), introduced by the justices (amendment) act 1986 (nsw). [109] new south wales, legislative assembly, parliamentary debates (hansard), 1 may 1986 ..... at 3591. [47] new south wales, legislative council, parliamentary debates (hansard), 18 november 1986 at 6514. [48] criminal procedure (amendment) act 1988 (nsw), s 3. [49] statute law (miscellaneous provisions) act 1989 (nsw), sched 2. [50] unlike s 43, s 24(1) provided expressly that the court "whether or not differently constituted ..... be dismissed. 38. gageler j. the crimes (sentencing procedure) act 1999 (nsw) ("the act") confers a discretion on a court to reopen criminal proceedings to "impose a penalty that is in accordance with the law" and, "if necessary", to "amend any relevant conviction or order"[99]. the criminal proceedings in .....
Tag this Judgment!Court : Australia High Court
..... service (complaints, discipline and appeals) amendment act 1993 (nsw), sched 3, items (5), (10). [87] statute law (miscellaneous provisions) act (no 2) 1996 (nsw), sched 4.40 [1]. [88] police legislation further amendment act 1996 (nsw), sched 1 [60]. [89] police service amendment act 1997 (nsw), sched 1 [4]. [90] police amendment (police promotions) act 2006 (nsw), sched 1 [5]. ..... nswca 30 at [122]- [127]. [37] the industrial arbitration (unfair dismissal) amendment act 1991 (nsw), sched 1 inserted such a regime into the industrial arbitration act 1940 (nsw). the industrial relations act 1991 (nsw), s 750(1) repealed the 1940 act and, by pt 8 of ch 3, re-enacted an unfair dismissal regime. ..... majority. only the critical provisions are usefully repeated. although frequent amendments have left them untidy, the ir act and the police act are for relevant purposes consistent and mutually reinforcing. 103. part 6 of ch 2 of the ir act is expressed in terms that make it applicable to the dismissal .....
Tag this Judgment!Court : Australia High Court
..... communications 17881970, (2003), ch 7; available at www.environment.gov.au [70] postage acts amendment act 1893 (nsw), s 18; post office act 1890 (vic), s 118; post office act 1876 (sa), s 91; post and telegraph act 1891 (q), s 98; post and telegraph act 1893 (wa), s 86; post office act 1881 (tas), s 107. [71] official record of the debates of the australasian federal ..... commission of inquiry into the australian post office, (1974). [81] postal services regulations (amendment) 1982. [82] postal services amendment act 1988 (cth), s 5; commonwealth of australia gazette, s402, 20 december 1988. [83] australian postal corporation act 1989 (cth), ss 12, 13. [84] telecommunications and postal services (transitional provisions and consequential amendments) act 1989 (cth), s 5. [85] telecommunications and postal services (transitional provisions and consequential .....
Tag this Judgment!Court : Australia High Court
..... amendment (serious and organised crime) act (no 2) 2010 (cth), sched 5, pt 1. [9]lesser offences were created where a person dealt with money or property where there was a risk that ..... ]australian law reform commission, confiscation that counts: a review of the proceeds of crime act 1987, report no 87, (1999), recommendation 22 at 139. [8]the provisions have been subject to amendment since that time see especially the anti-money laundering and counter-terrorism financing (transitional provisions and consequential amendments) act 2006 (cth), sched 1, pt 1, items 2138 and the crimes legislation .....
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