ex delicto; a webcomic of law and nonsense

vindicated by the transcript

2010-07-21T16:36:00.003+09:30

Plaintiff S121/2010 v The Commonwealth of Australia [2010] HCATrans 171

HAYNE J: Does the evidence reveal that something that accords with that statutory term has been made, lodged, whatever one does with an application for visa?

MR GLASS: No, it does not, your Honour. The question with section 46A(2) - - -

HIS HONOUR: Section 46A(2), not 46(2)?

MR GLASS: Yes, I apologise, your Honour. Did I say 46?

HIS HONOUR: Right. So 46A(2) you say is triggered by what has occurred. I see.

haven't been drawing or blogging for a while.

i blame the lack of amusing advocacy in the High Court.

even this one is only funny because it makes Hayne J look daft.

leave sought to chillax

2010-06-03T17:47:00.003+09:30

Gove (Blackman) v Owners of the Old Soap Factory [2010] HCATrans 147
[After hearing appearances from the appellants]

GUMMOW J: We will hear first – I am sorry.

MR GLEESON, SC: May it please your Honours, I appear for the humble City of Fremantle ...

GUMMOW J: Yes, we have just been trying to line up your enemies.

MR GLEESON: I have no applications myself other than to be allowed to sit quietly down the other end of the Bar table for a short period of time.

GUMMOW J: Thank you Mr Gleeson.

Gummow's not scared of nothing

2010-04-29T16:58:00.002+09:30

Port of Portland Pty Ltd v State of Victoria [2010] HCATrans 108

MS KENNY SC: So if the appeal proceeds, your Honours are going to be taken to some fairly obscure pieces of legislation which have not yet been ruled upon by the Court of Appeal.

GUMMOW J: That does not intimidate us.

nothing like saving some time

2010-04-22T12:33:00.006+09:30

Miller & Associates Insurance Broking Pty Ltd v BMW Australia Finance Limited [2010] HCATrans 94

MR GLEESON SC: With respect, his Honour Associate Justice of Appeal Robson mishandles the evidence on this point.

CRENNAN J: He is an Acting Judge of Appeal.

MR GLEESON: I am sorry. Did I say “Associate”?

CRENNAN J: Yes; just a slip of the tongue, I think, Mr Gleeson.

MR GLEESON: Yes; I apologise.

HEYDON J: These questions of etiquette are very interesting. Is it not correct simply to call him Justice Robson?

MR GLEESON: That is a lot easier; thank you, your Honour.

HEYDON J: And the others are Justice Ashley and so on.

MR GLEESON: That will shorten my submissions significantly.

FRENCH CJ: That is to be encouraged

in lay terms

2010-04-01T16:25:00.005+10:30

shotgun: it's the modern clameur de haro.

not a good start…

2010-03-23T15:57:00.001+10:30

Lewis v Shimokawa [2010] HCATrans 21

MS S. NORTON, SC: Thank you, your Honours. This is an appeal from a decision of the New South Wales Court of Appeal - - -

HAYNE J: Well, no, it is an application for leave, I hate to tell you, Ms Norton.

MS NORTON: An application. I know, I have read it wrong, I am sorry. I have been sitting there too long. All right, start again. It is an application for leave to appeal from a decision of the New South Wales Court of Appeal.

xmas presents for law geeks: the merger mystery board game

2010-03-11T11:25:00.002+10:30

is Gummow J trying to crack a joke?

2010-03-11T11:20:00.002+10:30

Aktas v Westpac Banking Corporation Limited & Anor [2010] HCATrans 43

MR HALE SC: That is correct. There was some debate about this in the Court of Appeal, but, yes, that is correct. One arm of the Bank certainly was aware of it. But the argument, at least, there was no reply. There is no contention of malice.

GUMMOW J: We are not worried about arms and legs. We are just worried about the Bank.

MR HALE: I am sorry?

GUMMOW J: We are not worried about arms and legs.

MR HALE: No.

GUMMOW J: We are worried about the Bank.

MR HALE: Yes. That clearly is one of the relevant circumstances...

warning: prolonged litigation may cause poetic lament

2010-03-04T14:39:00.003+10:30

Lujans v Yarrabee Coal Company Pty Ltd & Anor [2010] HCATrans 20

MR TOOMEY QC: May it please, your Honours. I am reminded of an etching by Daumier of Monsieur l’Avocat standing outside the court with his obviously unsuccessful client beside him and he has his hands in the air and he is saying “Encore, le Cour de cassation”. This case has spent 29 days at first instance, four days in the Court of Appeal, an application for leave and a hearing here, sent back for a rehearing in the Court of Appeal, another four days, and here we are again.

don't let Gummow J hear you impugn the Sydney Bar

2010-02-23T16:49:00.004+10:30

Varas v Fairfield City Council [2010] HCATrans 18 (12 February 2010)

MR MOSES SC: The conduct which was alleged against the applicant which ultimately gave rise to a psychologist forming the view that she was suffering from some personality disorder, hence triggering the direction to attend a psychiatric assessment, included the behaviour there set out, that is –

"causing malicious gossip, threatening colleagues with disciplinary action, constantly reporting apparent work performance issues to management while not completing her own work, tantrums if challenged and very poor and hostile customer service.”

As well as reference to her sexuality. Probably conduct which some members of the Sydney Bar would be accused of, but nonetheless - - -

GUMMOW J : So what? Why make that comment?

MR MOSES : Your Honour, it is relevant to this point…

[FP: Mr Moses goes on without explaining the relevance of the comment]

how to make the perfect law cv

2010-02-22T12:09:00.001+10:30

taking politeness too far

2010-02-17T17:59:00.002+10:30

European Bank Limited v Robb Evans of Robb Evans & Associates [2010] HCATrans 3

MR MARTIN: Yes, your Honour. Your Honour, your Honours should also have with the notice of contention the outline of appellant’s ...

modern negligence

2010-02-13T15:28:00.001+10:30

the associate to Mr Gageler SC has some explaining to do

2010-02-10T10:59:00.005+10:30

Hogan v Australian Crime Commission [2010] HCATrans 4 (4 February 2010)

MR GAGELER SC: ...If your Honours then go to page 211 it is said after the quotation from Justice Gibbs at about point 3 of the page that that first jurisdictional question involves making was in essence a value judgment - - -

KIEFEL J: You will have to forgive us if we are not following quite, Mr Gageler. We have every second page photocopied.

HAYNE J: So confine yourself to the odd-numbered pages, would you Mr Solicitor, and we will follow you.

MR GAGELER: I am really sorry because the crunch point is on an even page.

HAYNE J: An even-numbered page - we are in trouble.

in dexlicto

2010-02-05T09:27:00.001+10:30

I like starting the day by diving into the awesome mind of Jessica Hagy.

another law pun

2010-01-29T19:10:00.001+10:30

ex delicto doors closed

2010-01-10T21:39:00.000+10:30

fucius is on break while the High Court is.

law tv for lawyers

2009-12-23T15:50:00.000+10:30

I blame the schools

2009-12-23T12:44:00.012+10:30

Alphapharm Pty Ltd v H Lundbeck A/S & Anor [2009] HCATrans 324 (11 December 2009)
MR SHAVIN QC: What her Honour neglects to do is that she neglects to look at the second criteria in section 70(2)(a) - - -
FRENCH CJ: Criterion.
MR SHAVIN: Criterion. I apologise, your Honour.
FRENCH CJ: That is all right.
MR SHAVIN: It is modern education, I am sorry, your Honour.

advice for magic circle interviews

2009-12-18T12:27:00.001+10:30

CPD Seminars

2009-12-11T16:05:00.002+10:30

transaction lawyer

2009-11-13T19:01:00.000+10:30

cerebralty heads

2009-11-06T18:57:00.002+10:30

happy birthday, the internet

2009-10-30T17:00:00.000+10:30

billables: tower defence

2009-10-23T13:28:00.000+10:30

genocide studies

2009-10-16T12:57:00.005+10:30

Update: as always, god damn xkcd beat me to it and bettered me.

deflection tactics

2009-10-09T12:42:00.000+10:30

reverse turing test

2009-10-02T14:57:00.000+09:30

the wonders of maritime law

2009-09-25T12:46:00.000+09:30

wikirony

2009-09-18T13:26:00.000+09:30

on giving

2009-09-11T16:41:00.001+09:30

motovation for law

2009-09-04T17:37:00.000+09:30

self rep gives it to Hayne J

2009-09-02T17:30:00.004+09:30

Ferdinands v His Honour Lander J & Ors [2009] HCATrans 194 (12 August 2009)

[Following the ex temp decision of Hayne J...]
MR FERDINANDS: Could I just ask you a question, your Honour?

HAYNE J: Yes, Mr Ferdinands, you may ask.

MR FERDINANDS: Yes, thank you, your Honour. Just a quick point so that everybody in this country understands. You are saying that the privacy of an individual is wholly and solely irrelevant and that the transfer of private information between government departments of individuals is allowable in law and that that person does not need to have any consent or any knowledge of such actions undertaken by the government, whether it be State, federal or Territory.

HIS HONOUR: My reasons for judgment, Mr Ferdinands, speak for themselves. I do not propose to add to them. Call the third matter for hearing.

MR FERDINANDS: Just a simple yes or no, your Honour.

HIS HONOUR: Sit down, Mr Ferdinands.

worth a try

2009-08-28T12:28:00.000+09:30

mandamus

2009-08-21T17:05:00.000+09:30

the Modern Law School

2009-08-14T09:57:00.000+09:30

Gummow J on the awesome power of the HCA

2009-08-01T15:33:00.000+09:30

Bruton Holdings Pty Limited (In Liquidation) v Commissioner of Taxation & Anor [2009] HCATrans 138 (19 June 2009):

MR SLATER: …. There are two firm and decisive judgments of the Full Federal Court which, as this Court has many times said, is the final court of appeal except in exceptional circumstances.
GUMMOW J: I do not believe any court is the final court of appeal in anything, Mr Slater, and that idea that was once around I can assure you is no longer around.
MR SLATER: The taxpayer will be happy to hear that, your Honour.
GUMMOW J: [fp: in a loud booming voice] No one is immune from our possible gaze and attention.

[and later]

GUMMOW J: … If you appear in the High Court everything else yields. When I was at the Bar, that was the rule.