Author Archives: Danny Jovica

TweetSo you want an expert witness The Question of what qualifications must an expert witness have arose in Doyle v Hornsby Shire Council [2018] NSWLEC 45 ‘Doyle’[1] where it was held that the qualification for a person to give expert evidence does not necessarily require that they have a university-based qualification. What an expert witness […]

TweetCOULD THE AUSTRALIAN PARLIAMENT PASS A CONSTITUTIONALLY VALID LAW CAUSING CITIZENS TO BE DETAINED ON CENSUS NIGHT? Justice Gummow pointed out in the High Court case of Al-Kateb v Godwin [2004] HCA 37 that: … it could not seriously be doubted that a law providing for the administrative detention of bankrupts in order to protect […]

TweetA Family Court judge has rebuked the federal government for its “inordinate delay” in replacing retiring judges in an extraordinary speech calling for an urgent injection of funds to deal with a growing caseload. Justice Stephen Thackray, who resigned as a judge of the Family Court’s appeals division amid a controversial shakeup of court administration, […]

TweetAfter being quick to condemn police this week in the wake of a scathing report into the tasering of a driver in Fremantle, Western Australia’s Attorney-General has given an assurance the McGowan Government will pay two other taser victims more than $1 million in compensation. The assurance from John Quigley comes despite his Government’s continuing […]

TweetFAMILY LAW : S.121 Restriction on publication of court proceedings.   I have been having an ongoing debate as to whether S.121 applies to cases afoot in the Family Law Courts or does it extend indefinitely for the rest of the natural lives of the parties including the children when they become adults?   I, […]

TweetIntroduction This paper examines ‘Phil’ the hypothetical lawyer who didn’t study international commercial law, which is not necessary to complete a law degree.  Phil didn’t know the United Nations Convention on Contracts for the International Sale of Goods ‘CISG’[1] applied to a contract of sale based on Victorian law. The CISG’[2] has been adopted worldwide […]

TweetDomestic Violence Statistics & Family Law ~ By Mishka Hudson As the recent chief justice Bryant stated in the Australian published Oct, 2017, I agree the Family Court should be scrapped[1], but despite her reasoning being delays, my views are that the system is simply not fit for purpose as the majority of Australian cases […]

TweetARE YOU AN INDEPENDENT CONTRACTOR OR AN EMPLOYEE?  SOMETIMES EVEN THE COURTS SEEM TO STRUGGLE TO ANSWER THIS QUESTION. Fair Work Ombudsman ‘FWO’ v Quest South Perth Holdings Pty Ltd, ‘Quest’[1] AS COMPARED WITH Tattsbet Limited v Morrow, ‘Tattsbet’[2] Introduction This case note examines the cases of Quest and Tattsbet which were resolved by the […]

TweetAbstract Alternative Dispute Resolution ‘ADR’ has been evolving with social and legal reforms associated with access to justice.  To provide an expressly defined role of a lawyer in ADR is as difficult as limiting ADR itself. The contemporary climate of ADR evolving and expanding throughout the legal system with emphasis shifting from position driven adversarial […]

TweetWhen a relationship breaks down and there are children and property involved the complex web known as family law for the parent who doesn’t have the money to hire a lawyer and doesn’t qualify for legal aid can be a heart breaking and soul destroying process where people lose faith in the entire system of […]

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