top of page
Head Editor
Jul 9, 20232 min read
Yanner v Eaton (1999) 201 CLR 351
Gleeson CJ, Gaudron J, McHugh J, Gummow J, Kirby J, Hayne J, Callinan J Native title - Constitutional Law - Inconsistency between State...
1,1428
Head Editor
Jun 10, 20232 min read
Fox v Percy (2003) 214 CLR 118
Gleeson CJ, Gummow and Kirby JJ Facts: The case of Fox v Percy (2003) 214 CLR 118 HCA involved a dispute over the ownership and copyright...
2744
Survive Law
May 18, 20232 min read
Vartzokas v Zanker (1989) SASCFC
King CJ, Legoe J, Bollen J Sentencing procedures, criminal law, the purpose of sentencing, actual bodily harm Facts: The appellant was...
2124
Head Editor
Apr 21, 20232 min read
Astley v Austrust Ltd (1999) 197 CLR 1
Facts; The case involved Mr. Astley, who was the sole director of a company called Astley's Security Services Pty Ltd. Astley's Security...
3215
Survive Law
Apr 7, 20232 min read
Donoghue v Stevenson [1932] AC 562
Torts - Negligence - Duty of Care Facts; Donoghue v Stevenson [1932] AC 562 is a landmark case in tort law. The case involved Mrs...
11,8910
Head Editor
Apr 2, 20233 min read
Stanford v Stanford [2012] HCA 52
French CJ, Hayne, Heydon, Kiefel and Bell JJ Family Law - setting aside orders altering property interests - interpretation of just and...
1110
Head Editor
Feb 26, 20232 min read
Al-Kateb v Godwin (2004) 219 CLR 562
Callinan J, Gleeson CJ, Gummow J, Hayne J, Heydon J, Kirby J, McHugh J The judicial power of the Commonwealth - Immigration detention -...
2,9590
Head Editor
Feb 17, 20231 min read
Toonen v Australia (1994)
Facts: Have you heard of Rodney Croome and Nicholas Toonen? Croome and Toonen were an iconic Tasmanian gay couple who fought to challenge...
8890
Head Editor
Feb 12, 20232 min read
Kioa v West (1985) 159 CLR 550
Brennan J, Deane J, Gibbs J, Mason J, Wilson J Administrative Law - Procedural fairness - Opportunity to respond - Ministerial powers -...
1,6940
Head Editor
Jan 26, 20233 min read
March v Stramare (1991) 171 CLR 506
Deane, Gaudron, Mason C.J., McHugh JJ and Toohey Torts - Negligence - Duty of care - Scope - Reasonably foreseeable - 'But for' test...
2500
Head Editor
Jan 20, 20232 min read
Zanker v Vartzokas (1989) SASC 795
White J Criminal Law - Assault occasioning actual bodily harm - Assault Facts: On the 20th of October 1986, a young woman was seeking a...
2,0360
Head Editor
Jan 13, 20232 min read
Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225
Sheppard J Costs, indemnity costs, patents Facts: Colgate-Palmolive Co v Cussons (1993) is ironically not about toothpaste. But it is...
4330
Head Editor
Jan 6, 20232 min read
Commonwealth v Tasmania [1983] HCA 21
Remedies, Constitutional Law, The external affairs power Facts; The Hydroelectric Commission of Tasmania wanted to build a dam on the...
8670
Head Editor
Dec 11, 20222 min read
Kirk v Industrial Court of New South Wales (2010) 239 CLR 531
The case of Kirk v Industrial Court of New South Wales is an essential Administrative Law case that teaches us about jurisdictional error...
9650
Kubra Yazici
Apr 23, 20222 min read
Graham Barclay Oysters Pty Ltd v Ryan (2002) 211 CLR 540
Torts – Standard of Care – Reasonable Foreseeability Facts: In November 1996, heavy rains around Wallis Lake, caused human faecal matters...
3,8290
Kubra Yazici
Apr 15, 20221 min read
Gould v Vaggelas (1985) 157 CLR 215
Contract – Fraud – Deceit – Inducement to Purchase Property Facts: Gould purchased a tourist resort from Vaggelas after relying on...
2,0610
Kubra Yazici
Apr 8, 20222 min read
Chappel v Hart (1998) 295 CLR 232
Torts – Causation and Remoteness – Factual Causation Facts: The appellant, Dr Chappel, recommended Ms Hart to undergo a surgery to remove...
2,6390
Kubra Yazici
Feb 18, 20223 min read
Rogers v Whitaker (1992) 175 CLR 479
Tort Law – Duty of Care – Breach of Duty Facts: The Plaintiff, named Whitaker in this case, became blind in her right eye at nine years...
11,6700
Survive Law
Dec 7, 20212 min read
Masters v Cameron (1954) 91 CLR 353
Contract Law - Enforcement of Informal Agreements - Sale of Land Facts: On 6 December 1951, the parties signed a written memorandum for...
3,3020
Survive Law
Oct 18, 20213 min read
Progressive Mailing House Pty Ltd v Tabali (1985) 157 CLR 17
Real Property Law – Remedies of landlord and tenant in a contract – Lessee’s breaches of covenants – Unregistered lease – Terminate of...
3,5011
Survive Law
Oct 11, 20212 min read
Breen v Williams (1996) 186 CLR 71
Equity – Trust and Confidence – Fiduciary Relationship – Fiduciary Duty Each time you visit a doctor, are you always in a vulnerable...
2,2230
Survive Law
Oct 6, 20212 min read
D'Orta-Ekenaike v Victoria Legal Aid (2005) 223 CLR 1
Ethics – Professional Obligations & Liability – Advocates Immunity Facts; In 1996, Mr D’Orta-Ekenaike (‘D’Orta’), was charged with sexual...
2,2080
Survive Law
Aug 21, 20213 min read
Ainsworth v Criminal Justice Commission (1992) 175 CLR 564
Administrative Law - Natural Justice - Criminal Justice Commission - Procedural Fairness - Mandamus - Certiorari Facts; Leonard Hastings...
2,4650
Survive Law
Aug 18, 20212 min read
Bahr v Nicolay (No 2) (1988) 164 CLR 604
Real Property Law – Indefeasibility – ‘in personam’ claims against the registered proprietor Facts: Bahr was a registered proprietor of...
4,3710
Survive Law
Aug 13, 20212 min read
Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223
The Sunday Entertainments Act (1932) regulated the granting of licenses for cinematographic performances to take place on Sundays subject...
1,5430
Survive Law
Aug 6, 20212 min read
Trident General Insurance Co Ltd v McNiece Bros Pty Ltd (1988) 165 CLR 107
Contract law – Doctrine of Privity Facts; A company named Blue Circle Cement entered into an insurance contract with Trident General...
2,0160
Survive Law
Jul 20, 20212 min read
Dietrich v The Queen (1992) 177 CLR 292
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.
3,4980
Survive Law
Apr 13, 20212 min read
Pearce v The Queen (1998) 194 CLR 610
Criminal Law, Sentencing, Multiple Offences Facts; Douglas Pearce was indicted upon to charges that arose out of a single episode: first...
6190
Survive Law
Apr 13, 20213 min read
Craig v South Australia (1995) 184 CLR 163
Administrative Law, Judicial Review, Jurisdictional Error Facts; Anthony Craig was charged in the district court of South Australia with...
1,1030
Survive Law
Apr 13, 20212 min read
Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259
Administrative Law, Judicial Review, Beneficial construction Facts; Wu Shan Liang and two others were Chinese nationals who arrived in...
3750
Survive Law
Apr 13, 20213 min read
M v The Queen (1994) 181 CLR 487
Criminal Law, Appeals, Advantage of Jury Facts; M was convicted on two counts of indecent need assaulting and three counts of having...
5250
Survive Law
Apr 13, 20213 min read
Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337
Contract, Construction, Extrinsic materials Facts; The State Rail Authority of New South Wales entered into a contract with Codelfa...
3,9990
Survive Law
Apr 12, 20213 min read
Jones v Dunkel (1959) 101 CLR 298
Evidence, Calling witnesses, Inferences Facts; Daryl Jones’s husband was killed in a truck collision. She brought an action in the...
5190
Survive Law
Apr 12, 20213 min read
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355
Statutory interpretation, Text and context, Principles. Facts; The Australian broadcasting authority (ABA) announced a standard which...
9,8540
Survive Law
Apr 12, 20212 min read
General Steel Industries Inc v Commissioner for Railways (1964) 11 CLR 125
Procedure, Summary dismissals, and legal principles Facts; General Steel Industries owned a patent regarding their invention titled...
1260
Survive Law
Apr 12, 20212 min read
Briginshaw v Briginshaw (1938) 60 CLR 336
Evidence, Standard of Proof, Civil Proceedings Facts; Frederick Briginshaw sought to divorce his wife-Clarice Briginshaw – on the grounds...
1,0030
Survive Law
Mar 28, 20212 min read
House v The King (1936) 55 CLR 499
Appeals, Discretionary error, legal principles Facts; Under the Bankruptcy Act 1924 (Cth) Everard House was changed in relation to the...
1,1001
Cases you should know
bottom of page