Real Property Law – Remedies of landlord and tenant in a contract – Lessee’s breaches of covenants – Unregistered lease – Terminate of leases Facts; A factory premises comprised a land registered under the Real Property Act 1900 (NSW). The memorandum of lease, was a registrable form and the appellant was a lessee and did not register the memorandum of lease and opted to create a five-year lease commencing on 4 December 1978. Part 10 of the memorandum of lease contained a clau

Equity – Trust and Confidence – Fiduciary Relationship – Fiduciary Duty Each time you visit a doctor, are you always in a vulnerable position? And do you place trust and confidence in that very doctor? If yes, have you wondered why most of the time you walk out of the doctor’s office feeling dissatisfied because the doctor advises you to drink plenty of water and to take off-the-counter medication? This is because a fiduciary relationship between a doctor-patient cannot be ma

Ethics – Professional Obligations & Liability – Advocates Immunity Facts; In 1996, Mr D’Orta-Ekenaike (‘D’Orta’), was charged with sexual assault and sought legal assistance from Victoria Legal Aid (‘VLA’), where he retained a solicitor and a barrister to appear for him at the committal hearing in the Magistrates’ Court of Victoria. D’Orta, claimed he was not guilty for sexual assault and was advised by his solicitor and his barrister to plead guilty prior to the committal he

Administrative Law - Natural Justice - Criminal Justice Commission - Procedural Fairness - Mandamus - Certiorari Facts; Leonard Hastings Ainsworth directed Ainsworth Nominees Pty. Ltd. A company that manufactured and supplied poker machines. The Criminal Justice Commission (CJC) was a statutory body assigned with composing a report about the introduction of poker machines into Queensland. The CJC was regulated under the Criminal Justice Act (1989). It was also a requirement o

Real Property Law – Indefeasibility – ‘in personam’ claims against the registered proprietor Facts: Bahr was a registered proprietor of fee simple in land and entered into a contract to sell his land to Nicolay (clause 6). The contract included a three-year lease, giving Bahr an option to buy back later. After Nicolay became the registered proprietor of the land, Nicolay sold the land to Thompson. The contract between Nicolay and Thompson contained a clause 4 that expressed –

The Sunday Entertainments Act (1932) regulated the granting of licenses for cinematographic performances to take place on Sundays subject to 'such conditions as the authority thinks fit to impose.' The plaintiff, owned the Gaumont Cinema in Wednesbury. The plaintiff was granted a license for Sunday performances, subject to the condition that 'no children under the age of fifteen shall be admitted ...whether accompanied by an adult or not.' The plaintiffs brought an action in

Let's make the conservative judgement that you are either on the internet all the time during lockdown or recently watched an episode of Bo Burnam's 'Inside' and decided that was enough internet for the day. But no matter what- the case of Britney Spears' Conservatorship is on my radar. What is a Conservatorship? A conservatorship involves a presiding judge appointing a responsible person (the conservator) to care for another adult called the conservatee. The Judicial Branch

Contract law – Doctrine of Privity Facts; A company named Blue Circle Cement entered into an insurance contract with Trident General Insurance to commence construction work in the rural town of Marulan. The insurance policy concerned a public liability policy; that included coverage of Blue Circle subsidiaries, associated and related companies, contractors and sub-contractors and or suppliers. McNiece was the principal contractor on the site who carried out work for Blue Circ

This article does not justify the actions of the police officers in these cases. It unravels the legal loopholes these police officers abuse

Ever wanted to know more about the right to a fair trial, the landmark case of Dietrich v The Queen (1992) is great place to start.

Want to perfect your law essays? Improve your essay writing with these five tips: 1. Introductions are important Your introduction is the first chance you get to impress your marker and convince them that you are a High Distinction student. A good introduction (1) sets the scene for the paper to come by providing some (brief) background information on the topic area; (2) provides a birds-eye view of the paper by signalling its scope; (3) outlines your key arguments, with a gr

Struggling to get started on your law essay assignment? Here are my top tips for getting the ball rolling: Breathe If you are feeling overwhelmed about beginning your assignment, slow down and breathe. Then, once you are in a better headspace, take a seat at your desk. Identify the relevant law Read the question but do not think about how you are going to answer it (yet). At this early stage, you just want to identify the general area of law (or laws) that are implicated by t

If you’re like most people, you’ve probably not needed to deal with a lawyer for anything. Your typical day will likely see you leave the house for work in the morning, come home later on, and finish your day without a second thought. However, despite your work grind, not all of your days are the same. Sometimes, life hits you when you least expect it. If someone else’s negligence resulted in your injury and you’re unsure of what to do next, it’s best to consult with a person

You've nearly made it to the end of the semester. You're so close to finishing these subjects and repressing any knowledge you've painfully and diligently learnt over the last 13 weeks. All you must do is get through your Finals. As someone in their final year of study, I've come to some realisations about Finals. Your laundry will pile up, and your houseplants may die. Your bathing habits may become negotiable. But there are some things you can do to help you reduce some of

When I first started writing this blog, my primary purpose was to provide you with a comprehensive list of social justice organisations offering volunteering and internship opportunities. I wanted to make this information easy to find and available to all (a key goal of Law School Success). However, as I finished the list, I realised it captured only the formal ways of getting involved in social justice work. While it is still great to apply to the amazing organisations liste

Marking exams is one of the hardest things I had to do as an academic. First, there was always time pressure. We usually had only a few days (at most a week) to mark 60 – 100 exam papers so that the results could be collected, checked and submitted in time for release. Second, no matter how much I loved Corporations Law (and I do) – it was always hard reading so many similar answers over and over again and staying fresh and excited for the following paper. Finally, this was t

As a licensed lawyer with years of experience, Alex Petraglia has a deep understanding of the differences between being a law student and practising the law. The transition from law student to a lawyer often comes with growing pains, particularly when you don’t know what to expect. The Scope of Material and Working with Evolving Legislature In law school, you’re often working with a narrow scope of material that focuses on the legal principle or a specific case. As a practisi

Learning how to summarise a case is a rite of passage for any law student. But what do you if you don't find the IRAC or ILAC methods that helpful? Both the ILAC and IRAC methods are mnemonics that indicate you should: Identify the legal issues. State the relevant rules. Apply the laws to the facts to the case. Conclude the outcome after applying the law to the facts. Surprisingly there isn't a fifth step that invites your anxiety when you have other questions, like what abou

Sometimes you want to press pause on life whilst you recharge your waning motivation. Studying Law can be incredibly draining and time-consuming, even if it's something that you genuinely love to do on a good day. One method I've found to work is taking a time-out and watching something relevant to what I'm studying #lifehack. Generally, that would mean bingeing several seasons of Law & Order: SVU, but I thought I would mix it up and explore some recent releases dealing with

Criminal Law, Sentencing, Multiple Offences Facts; Douglas Pearce was indicted upon to charges that arose out of a single episode: first having maliciously inflicting grievous bodily the harm on a person with intent to inflict such harm, and second having broken and entered a dwelling-house whereupon he inflicted grievous bodily the harm on a person. Pair sort of stay of proceedings on the ground the prosecuting two separate charges was oppressive or an abuse of process, beca