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Balgowlah Boy appointed to District Court Bench

On 30 May 2016, the Robert Montgomery was sworn in as a judge of the District Court of New South Wales. Judge Montgomery was raised in Clontarf. He attended Balgowlah Boys High School and the University of New South Wales. Amongst his many achievements, he has worked pro bono for the Mental Health Advocacy Service of NSW Legal Aid and a volunteer of the Australian Ski Patrols of the NSW Volunteer…

In 1998, the NSW Law Reform Commission published Report 88, Neighbours and Neighbour Relations. The report identified the deficiencies of the common law of trespass and nuisance when dealing with noise and trees that damage or encroach upon neighbouring properties. Specifically, the common law mostly provides remedies for after the damage has occurred; does not recognize the right to access to…

An online copy of the Law Handbook may be accessed on the Legal Answers website of the NSW State Library. Visit http://www.legalanswers.sl.nsw.gov.au/guides/law_handbook/index.html Topics include: About the legal system – Ch 1 Aboriginal people and the law – Ch 2 Accidents and compensation – Ch 3 Arrest interrogation and bail – Ch 4 Assistance with legal problems – Ch 5 Banking – Ch 6 Bankruptcy…

Manasseh v Segal & anor [2016] NSWLEC 1014

ON 20 JANUARY 2016, the Land and Environment Court of New South Wales delivered Manasseh v Segal & anor [2016] NSWLEC 1014 http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWLEC/2016/1014.html. Pursuant to the Trees (Disputes Between Neighbours) Act 2006, the Court ordered that Manasseh’s neighbours, Segal and another, engage and pay for a suitably qualified arborist to install a bracing…

Monhem v Shields [2015] NSWCA 24

ON 18 FEBRUARY 2015, the NSW Court of Appeal delivered Monhem v Shields [2015] NSWCA 24. The NSW Land and Environment Court made orders under the Trees (Disputes Between Neighbours) Act 2006 that the appellants (the Monhems) remove a Camphor Laurel tree and pay for rectification works at their boundary with the respondents (Shields). The Monhems did not attend the on-site hearing and subsequently…

New CTP Claim Form

The new Personal Injury Claim Form can be downloaded from the State Insurance Regulatory Authority (SIRA) (formerly the Motor Accidents Authority). A claim may be lodged by sending a completed form and medical certificate to the CTP insurer of the vehicle at fault. Claims must be lodged within 6 months of the date of accident.…

Picturesque Mosman houseboat rots while legal battle rages

http://www.domain.com.au/news/picturesque-mosman-houseboat-rots-while-legal-battle-rages-20160115-gm65p0/

Best for Kids website

LEGAL AID NSW has developed Best for Kids, a community website for young people and their families. The site has videos and information on a range of legal topics.

 1300 00 2088

First Indigenous Senior Counsel appointed

ON 24 SEPTEMBER 2015, the NSW Bar Association announced the appointment of Tony McAvoy as Senior Counsel. Mr McAvoy is Australias first Indigenous ever Indigenous person to the appointment. http://www.sbs.com.au/nitv/article/2015/09/24/tony-mcavoy-appointed-first-indigenous-silk  1300 00 2088

Appointment of Timothy Moore as Judge of the Land and Environment Court

TIMOTHY MOORE has been appointed as a Judge of the Land and Environment Court of New South Wales. Justice Moore has been a member of the Court since his appointment as Commissioner (in 2002) , Senior Commissioner (2009) and Acting Justice (2015). He replaces Justice Peter Biscoe who retired on 3 January 2016. Justice Moore has previously served as the New South Wales Minister for the Environment…

ON 26 JUNE 2015, the Supreme Court of the United States delivered Obergefell v Hodges, Director General of Department of Health 576 US (2015). http://www.supremecourt.gov/opinions/14pdf/14-556_3204.pdf The petitioners successfully challenged the marriage laws in the US States of Michigan, Kentucky, Ohio and Tennessee which, like Australia, defined marriage as being between the union of one man…

Bunning v Cross [1978] HCA 22 | 14 June 1978

ON THIS DAY in 1978, the High Court of Australia delivered Bunning v Cross [1978] HCA 22; (1978) 141 CLR 54 (14 June 1978). “Evidence – Illegally obtained – Statutory offence – Driving under influence of alcohol – Compulsory breath and blood tests – Grounds for requiring submission to test – Grounds not satisfied – Whether sample obtained illegally – Whether evidence admissible – Error in…

King v Philcox [2015] HCA 19

ON 10 JUNE 2015, the High Court of Australia delivered King v Philcox [2015] HCA 19 (10 June 2015). “Negligence – Duty of care – Mental harm – Motor accident – Civil Liability Act 1936 (SA) – Appellant negligently drove motor vehicle resulting in death of passenger – Respondent witnessed aftermath – Respondent later realised brother died in accident – Whether appellant as driver owed duty of care…

Miranda v Arizona 384 US 436 | 13 June 1966

ON THIS DAY in 1966, the US Supreme Court delivered Miranda v Arizona 384 US 436 (1966). http://supreme.justia.com/cases/federal/us/384/436/ The Court held that in order to protect the constitutional privilege against self incrimination under the 5th amendment of the US Constitution, an accused in custody must be informed of his or her right to remain silent; that anything he or she says may be…

ON 10 JUNE 2015, the High Court of Australia delivered Isbester v Knox City Council [2015] HCA 20 (10 June 2015). ‘Administrative law – Natural justice – Bias – Reasonable apprehension of bias – Incompatibility of roles – Where respondent made order under s 84P(e) of Domestic Animals Act 1994 (Vic) for destruction of appellant’s dog – Where there was panel hearing and deliberation prior to…