Both sides of any legal dispute, civil and criminal, must comply with the rule in Browne v Dunn (1894) 6 R 67 at hearing.But few legal minds agree precisely on the level of detail that proper puttage must go to, or even how to go about it. And, of course, with the infinite number of …
Tag: civil procedure
Witnessing affidavits and statutory declarations
In the wake of the brouhaha over police affidavits (causing the state government to rush through legislation to retrospectively validate their search warrant applications, discussed here) it's probably timely for everyone who witnesses documents to reacquaint themselves with the formalities. I don't know how much time law schools spend on this issue these days, but …
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Lithgow City Council v Jackson [2011] HCA 36: hearsay, lay opinion evidence and business documents
Sometimes the wheels of justice grind very slowly.The High Court heard appeals from this case twice, most recently delivering its decision on 28 September 2011. The NSW Court of Appeal also dealt with the matter twice. On its face it's a fairly simple negligence action arising from a fall in a public park one night …
‘As soon as practicable’
It's a useful phrase. It doesn't mean I'll do it now and it doesn't mean I'm never going to do it. The beauty (and vice) lies in nobody knowing exactly what it means.In Legal Services Board v Werden [2011] VSC 74 the defendant, a solicitor who had ripped off his clients, successfully resisted an application …
'As soon as practicable'
It's a useful phrase. It doesn't mean I'll do it now and it doesn't mean I'm never going to do it. The beauty (and vice) lies in nobody knowing exactly what it means.In Legal Services Board v Werden [2011] VSC 74 the defendant, a solicitor who had ripped off his clients, successfully resisted an application …