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The Court of Appeal operates pursuant to the Supreme Court Act 1970 (NSW). 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. [1]
Negligence (Lat. negligentia) [1] is a failure to exercise appropriate care expected to be exercised in similar circumstances. [2]Within the scope of tort law, negligence pertains to harm caused by the violation of a duty of care through a negligent act or failure to act.
Federated Amalgamated Government Railway & Tramway Service Association v NSW Rail Traffic Employees Association, known as the Railway Servants Case, [1] is an early High Court of Australia case that held that employees of State railways could not be part of an interstate industrial dispute under the conciliation and arbitration power, [2] applying the doctrine of "implied inter-governmental ...
Kitto J continued to state that to ascertain the true character of the law, we examine what it does "in the way of changing or creating or destroying duties or rights or powers". [6] Furthermore, Barwick CJ reiterated the rejection of the reserved State powers doctrine (see Amalgamated Society of Engineers v Adelaide Steamship Co Ltd [7]). In ...
The inconsistency within the jurisprudence was not addressed until 1920, where the High Court overturned the Railway Servants' case, [4] and affirmed the Steel Rails case, [6] as a result of its ruling in the Engineers' case, [7] holding that the laws of the Commonwealth and the States have full operation within the subjects upon which they have power to legislate, subject to S. 109 in the ...
The Law Society of NSW encourages debate and actively drives law reform issues through policy submissions [4] and open dialogue with governments, parliamentary bodies, the courts and the New South Wales Department of Justice. It ensures the general public has appropriate access to justice and can be easily connected to members of the profession ...
Unions NSW challenged the act as unconstitutional. During the proceeding, a legislative committee of the NSW Parliament delivered a report recommending that the existing expenditure cap within the act of $20,000 be raised to $198,750. The NSW Government then conceded and submitted to the court that the act should be held invalid in its prior form.
Similar to the power of arrest, police can search a person, vehicle or premises without a warrant on reasonable and probable grounds. Although the grounds do not specifically require reasonable necessity, it is implied by common law. [12] This power is preserved by section 21 of the Law Enforcement (Powers and Responsibilities) Act (NSW). [3]