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Author Archives: whiggs

Actual and Ostensible authority

See the principles in relation to actual and ostensible authority in Junker v Hepburn [2010] NSWSC 88 (Junker) at [39]-[48] (Hammerschlag J) Agency 39 The authority of an agent may be: actual (either express or implied) where it results from a manifestation of consent that the agent should represent or act for the principal expressly […]

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Time to tart-up one’s Pleadings?

Is this the new normal when pleading claims under the MACA/Civil Liability Act? From Fairall v Hobbs [2017] NSWCA 82; 347 ALR 151 A fundamental problem in the way the respondent (the plaintiff below) and the primary judge approached the issue of the existence and scope of the duty of care in this case is that […]

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WSLSA International Humanitarian Law Moot Competition

Honored to be invited by the Western Sydney Law Students’ Association (WSLSA) to judge the final of the WSLSA International Humanitarian Law Moot Competition on Saturday 20 May 2017 at the Supreme Court of New South Wales. The winner will represent Western Sydney University, and the WSLSA, at the Australian Law Students’ Association Conference to be held in Canberra in July 2017.

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Contract law series – seminar 13 – illegality and remedies

Seminar 13 in the Contract Law Series – illegality and remedies This is a presentation to unversity-level students in Contract Law by Dr William Higgs, Barrister-at-law, Elizabeth Street Chambers, Sydney, Australia. This is teaching material. No warranty is given about the accuracy of the information contained. This presentation is updated from time to time. Seminar […]

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