This document provides contact details and background information for Tom Blackburn SC, a barrister practicing in both Australia and England. It lists his admissions, education history, areas of practice, representative cases, and contact information for his clerks in London and Sydney. The document focuses on Blackburn's experience in commercial, media, communications, competition and consumer law, with an emphasis on his appellate and defamation work for various media organizations.
Emily Heard is an experienced commercial dispute resolution lawyer specializing in complex public procurement litigation and judicial reviews. She has represented both public and private sector clients in significant cases involving procurement challenges, statutory claims, and fraud investigations. Client testimonials praise her practical and responsive approach to effectively representing their interests. Her experience includes successfully defending numerous procurement processes and securing favorable outcomes for clients in high-profile cases.
The Effects of Resistance Training Alone and Resistance Training with Aerobic...Pavlos Dimitropoulos
This thesis examined the effects of resistance training alone and resistance training combined with aerobic training on aortic wall stiffness. Five experienced male resistance trainees between the ages of 21 and 56 participated in randomized test sessions involving resistance training alone, resistance training combined with aerobic training before or after, and a control session of rest. While no significant results were found, there was a trend for resistance training alone to increase arterial stiffness acutely, while concurrent training seemed to minimize this effect compared to resistance training alone. The results provide some evidence that the acute arterial stiffness response to exercise may be similar to chronic responses reported previously. Interestingly, older participants showed similar cardiovascular responses to resistance training and concurrent training as younger participants.
Sjogren syndrome, halitosis & treatment of osfTahmasub Tayyab
This document discusses Sjogren's syndrome, halitosis, and treatment of oral submucous fibrosis. It provides information on:
Sjogren's syndrome - An autoimmune disease that attacks the exocrine glands. It most commonly affects women after menopause. Causes include genetic and environmental factors. Symptoms include dry mouth and eyes.
Halitosis - Bad breath from oral or non-oral sources. Intraoral causes include poor oral hygiene, periodontal disease, and tongue coating. Extraoral causes include gastrointestinal and respiratory issues. Volatile sulfur compounds produced by bacteria are the main contributors to odor.
Treatment of oral submucous fibrosis - There is no surgery available
GUESTIMATE methods are a combination of mathematics, statistics and common sense of getting meaningful results for decision making.
The most famous approach was suggested by Enrico Fermi. Mr. Fermi was convinced that an error of order of magnitude (up to ten times) can be accepted for certain problems.
There are many useful results can be obtained by using probability estimation.
Expected values are largely used in economics, business, finance, and opportunity choice.
Old fashion rule of thumb is a widely used approach among non-mathematicians.
Certain results can be obtained if we consider either limits or average values of variables.
The document contains formulas to look up values from different tables and ranges. It uses the BUSCARV and BUSCAR functions to find product descriptions, client names, cities, and prices from tables based on codes or other criteria. The tables and ranges referenced include PRODUCTOS, CLIENTES, and FACTURA.
El documento describe el robot Karel y sus comandos básicos. Karel es un simulador de robot usado para enseñar programación a estudiantes. Incluye comandos como moverse, girar, recoger y dejar zumbadores. También describe sentencias de control como si, iterar, si/entonces y mientras, las cuales deben ir seguidas de llaves para agrupar las instrucciones.
El aprendizaje colaborativo promueve la construcción de conocimiento a través de la activación del pensamiento individual, la búsqueda de formas de investigar de manera independiente o en grupo, y el fomento de valores como la cooperación, la responsabilidad y el trabajo en equipo. También obliga a la autoevaluación del grupo y de los miembros individuales, y mejora la motivación, satisfacción y productividad al aumentar la interdependencia y las habilidades sociales entre los participantes.
Emily Heard is an experienced commercial dispute resolution lawyer specializing in complex public procurement litigation and judicial reviews. She has represented both public and private sector clients in significant cases involving procurement challenges, statutory claims, and fraud investigations. Client testimonials praise her practical and responsive approach to effectively representing their interests. Her experience includes successfully defending numerous procurement processes and securing favorable outcomes for clients in high-profile cases.
The Effects of Resistance Training Alone and Resistance Training with Aerobic...Pavlos Dimitropoulos
This thesis examined the effects of resistance training alone and resistance training combined with aerobic training on aortic wall stiffness. Five experienced male resistance trainees between the ages of 21 and 56 participated in randomized test sessions involving resistance training alone, resistance training combined with aerobic training before or after, and a control session of rest. While no significant results were found, there was a trend for resistance training alone to increase arterial stiffness acutely, while concurrent training seemed to minimize this effect compared to resistance training alone. The results provide some evidence that the acute arterial stiffness response to exercise may be similar to chronic responses reported previously. Interestingly, older participants showed similar cardiovascular responses to resistance training and concurrent training as younger participants.
Sjogren syndrome, halitosis & treatment of osfTahmasub Tayyab
This document discusses Sjogren's syndrome, halitosis, and treatment of oral submucous fibrosis. It provides information on:
Sjogren's syndrome - An autoimmune disease that attacks the exocrine glands. It most commonly affects women after menopause. Causes include genetic and environmental factors. Symptoms include dry mouth and eyes.
Halitosis - Bad breath from oral or non-oral sources. Intraoral causes include poor oral hygiene, periodontal disease, and tongue coating. Extraoral causes include gastrointestinal and respiratory issues. Volatile sulfur compounds produced by bacteria are the main contributors to odor.
Treatment of oral submucous fibrosis - There is no surgery available
GUESTIMATE methods are a combination of mathematics, statistics and common sense of getting meaningful results for decision making.
The most famous approach was suggested by Enrico Fermi. Mr. Fermi was convinced that an error of order of magnitude (up to ten times) can be accepted for certain problems.
There are many useful results can be obtained by using probability estimation.
Expected values are largely used in economics, business, finance, and opportunity choice.
Old fashion rule of thumb is a widely used approach among non-mathematicians.
Certain results can be obtained if we consider either limits or average values of variables.
The document contains formulas to look up values from different tables and ranges. It uses the BUSCARV and BUSCAR functions to find product descriptions, client names, cities, and prices from tables based on codes or other criteria. The tables and ranges referenced include PRODUCTOS, CLIENTES, and FACTURA.
El documento describe el robot Karel y sus comandos básicos. Karel es un simulador de robot usado para enseñar programación a estudiantes. Incluye comandos como moverse, girar, recoger y dejar zumbadores. También describe sentencias de control como si, iterar, si/entonces y mientras, las cuales deben ir seguidas de llaves para agrupar las instrucciones.
El aprendizaje colaborativo promueve la construcción de conocimiento a través de la activación del pensamiento individual, la búsqueda de formas de investigar de manera independiente o en grupo, y el fomento de valores como la cooperación, la responsabilidad y el trabajo en equipo. También obliga a la autoevaluación del grupo y de los miembros individuales, y mejora la motivación, satisfacción y productividad al aumentar la interdependencia y las habilidades sociales entre los participantes.
El documento resume las diferencias entre cookies y spam, hackers y crackers, y los dominios de países como Venezuela (.ve), Perú (.pe), Chile (.cl) y Uruguay (.uy). Los cookies almacenan información en el disco duro del usuario mientras que el spam son mensajes no solicitados. Los hackers suelen seguir un código ético a diferencia de los crackers cuyo objetivo es vulnerar sistemas.
El documento presenta un resumen de las categorías y habilidades trabajadas en el Club Atlético La Parada entre 1999 y 2003, incluyendo habilidades motrices, trabajos técnicos y trabajos tácticos.
La Unión Europea ha acordado un embargo petrolero contra Rusia en respuesta a la invasión de Ucrania. El embargo prohibirá la mayoría de las importaciones de petróleo ruso a la UE a partir de finales de año. Algunos países como Hungría aún dependen en gran medida del petróleo ruso y podrían obtener una exención temporal al embargo.
LChalk - DPS placement report for linkedinLewis Chalk
Lewis Chalk conducted an investigation into ergonomic assessment methods used at Jaguar Land Rover to prevent workplace injuries. He analyzed many operator roles and developed new ergonomic tools through iterative design to improve usability and quality of assessments. The goal of the improved tools was to reduce musculoskeletal disorder risks for employees. Over time, using a range of assessments and ergonomic tools to evaluate current production tasks led to lower physical risk factors for workers. However, the user-friendliness of the tools can impact safety if they are used incorrectly. Going forward, Jaguar Land Rover's ergonomic assessment methods will continue to evolve with additional design reviews to help ensure a safe working environment.
El comercio electrónico consiste en la compra y venta de productos o servicios a través de Internet u otras redes. Se usa en varios sectores como finanzas, industria y salud. Permite crear nuevos canales de marketing y ventas, acceder a catálogos de productos de forma interactiva y vender directamente a clientes. Las compras en Internet son rápidas, y los comerciantes pueden llegar a millones de usuarios a través de páginas web. En el país también existen sitios como MercadoLibre donde se pueden real
La Que Se Avecina es una de las comedias más populares de España que continúa manteniendo una alta audiencia a través de sus temporadas. La serie presenta a varios personajes memorables como los Cuquis, la pareja más alocada; las primas solteras; y Antonio Recio, el pescadero que nunca limpia pescado. El programa también se distingue por sus frases emblemáticas dichas por los personajes y por retratar la vida en la comunidad de manera divertida.
El documento presenta una lista de compras realizadas por la Universidad Técnica de Machala para su unidad académica de ciencias químicas y de la salud. Se detallan 10 artículos comprados con su cantidad, precio unitario y total. El monto total de la compra fue de $66,432.60 luego de aplicar un 12% de IVA y un 10% de descuento al subtotal.
El documento proporciona información sobre un taller de capacitación para el personal de mantenimiento sobre la prevención de ITS/VIH. El taller cubrirá la identificación de conductas sexuales de riesgo y la colocación correcta de preservativos, con el objetivo de que el personal pueda reconocer y demostrar dichas conductas. El taller será impartido por cuatro capacitadores y constará de sesiones sobre conductas sexuales de riesgo y el uso adecuado de preservativos a través de demostraciones y ejercicios prácticos.
O documento discute quatro arquétipos (teológico, social, materialista e autoreferencial) que moldam a história. O arquétipo materialista e o capitalismo predominam no Ocidente, tendo quatro aspectos analisados por Marx, Maturana, Foucault e Bauman: exploração, agrupamento individualista, sociedade de vigilância e sociedade de consumo rápido. Há uma mudança para o arquétipo autoreferencial, onde o indivíduo se conhece e cria sentido, ultrapassando a vida ordinária em busca
The document provides an overview of various legal issues related to reputation management and attacks on brands, including defamation, malicious falsehood, breach of confidence, and intellectual property laws. It then discusses the tort of malicious falsehood in more detail, outlining what must be proven in a claim for malicious falsehood. It provides an example case regarding misleading product labeling.
The Bribery Act 2010 comes into force Bark & Co Solicitors - Specialist Fraud...Ascencion Axelquist
Met Police review Daniel Morgan murder over News of the World link It is reported that the Met Police will now investigate a News of The World link concerning the Daniel Morgan Murder (R v Vian & Others). Details reported [here] in the Guardian Mr Glen Vian, represented by Bark & Co, was acquitted in March 2011. Read more (Last updated: 01.03.2012) Kweku Adoboli pleads not guilty at Southwark Crown Court Mr Adoboli has today entered a plea of not guilty at Southwark Crown Court.
The document discusses two recent UK legal cases related to construction adjudication and expert witnesses. In the first case, the TCC refused to grant an injunction to stop an adjudication from proceeding due to challenges presented by the coronavirus pandemic. In the second case, the TCC ruled that an expert witness firm owed a fiduciary duty of loyalty to a client, preventing it from taking expert roles adverse to that client on related matters. This second ruling could significantly impact expert witness firms by restricting their ability to take new expert assignments.
This newsletter provides updates on adjudication and arbitration events and cases in the UK. It discusses two events that were postponed due to the coronavirus pandemic: the launch of the Construction Industry Council's Low Values Disputes Model Adjudication Procedure and a dispute resolution conference in South Africa. It also provides details of an upcoming conference in London in August. Additionally, it summarizes a recent Court of Appeal case involving Steven Walker QC representing Bester Generacion, in which the court confirmed the "dominant purpose test" for legal advice privilege. Finally, it discusses the implications of this ruling for assessing privilege claims, particularly regarding multi-addressee communications.
This document is a letter from Plaintiffs' counsel opposing a motion to dismiss from Defendant Unigestion Holding. The letter argues that the complaint provides sufficient details about Unigestion's involvement in an alleged conspiracy to illegally impose fees on phone calls and money transfers to Haiti in violation of antitrust laws. The letter cites evidence from a New York Times article and videos showing an agreement was made between Unigestion and other defendants to fix prices. The letter also argues the complaint meets pleading standards and that dismissal would be improper at this stage.
The document summarizes challenges to arbitration awards with a focus on East Africa. It discusses the geographical scope covered, the legislative background in Kenya, Tanzania, Uganda and Rwanda. It also discusses approaches to finality of awards, grounds for setting aside awards such as time limits and jurisdiction. The document examines issues relating to appeals, including express limitations and implied rights of appeal. Key talking points highlighted include the "warts and all" approach to awards in Kenya and Uganda, and the wide and fluctuating definition of public policy.
This order from the United States District Court for the Northern District of Georgia addresses sanctions against Hi-Tech Pharmaceuticals, Inc., Jared Wheat, Sean Smith, and Dr. Terrell Mark Wright for contempt of previous court orders. The court had previously found the defendants in contempt for making unsubstantiated advertising claims about weight loss products in violation of injunctions against deceptive marketing practices. At an evidentiary hearing, the court considered evidence to determine the appropriate nature and amount of sanctions. In this order, the court issues findings of fact regarding the defendants' roles and responsibilities at Hi-Tech, and reserves judgment to issue conclusions of law on the sanctions imposed.
Cameron Diver Summary of International Arbitration ExperienceCameron Diver
David A.R. Williams QC has extensive experience as an arbitrator across numerous international arbitration cases. These include state-to-state arbitrations between governments, international investment treaty arbitrations, international commercial arbitrations, and international sports arbitrations. The document provides a high-level overview of over 30 arbitration matters that David A.R. Williams QC has participated in as an arbitrator, covering a wide range of subject matters and jurisdictions under various arbitration rules.
SB 411, the Asbestos Bankruptcy Trust Claims Transparency Act, imposes new disclosure requirements on asbestos claimants regarding claims filed against asbestos bankruptcy trusts. It aims to increase transparency between asbestos bankruptcy trusts and civil litigation. Under the new law, asbestos plaintiffs must disclose all past and potential asbestos trust claims at least 120 days before trial. They must also make all trust claim materials available to defendants. Failure to comply can result in losing a trial date. For non-cancer asbestos claims filed after June 8, 2015, there are also new evidentiary and medical history requirements that make bringing a claim more difficult. While the law removes some of the harshest original provisions, it remains challenging for asbestosis
The document discusses the phenomenon of "compensation culture" in the UK, where there has been an increase in claims for compensation in negligence cases. It examines how courts have reacted to this trend. Specifically, it notes that the Compensation Act 2006 allows courts to consider the wider social impacts of claims. Several cases are discussed where courts have denied claims, finding accidents rather than liability. The document also explores the legal tests of duty of care, including the Anns test and Caparo test, which courts must consider in these types of negligence claims regarding compensation culture.
Kovacs v Queen Mary and Westfield CollegeJoe Sykes
This document summarizes a court ruling on whether employment tribunals should consider a party's means when deciding on costs orders. It discusses previous employment appeal tribunal rulings that suggested means should be considered. However, the most recent ruling in Beynon v Scadden found tribunals are not required to examine a party's means before making a costs order. The court here agrees with Beynon and finds that a party's restricted means are no bar to a costs order being made against them.
Shahid Khan is a solicitor who has handled many high-profile, complex cases involving serious criminal charges such as rape, human trafficking, drug importation, fraud, and assault. These cases often involve large amounts of evidence and disclosure issues. Some examples provided include a current case involving 17 counts of controlling prostitution, rape, and human trafficking; a £200 million fraud conspiracy case involving complex evidence and legal arguments; and a "crash for cash" fraud case involving over 250 staged accidents estimated at £6 million.
El documento resume las diferencias entre cookies y spam, hackers y crackers, y los dominios de países como Venezuela (.ve), Perú (.pe), Chile (.cl) y Uruguay (.uy). Los cookies almacenan información en el disco duro del usuario mientras que el spam son mensajes no solicitados. Los hackers suelen seguir un código ético a diferencia de los crackers cuyo objetivo es vulnerar sistemas.
El documento presenta un resumen de las categorías y habilidades trabajadas en el Club Atlético La Parada entre 1999 y 2003, incluyendo habilidades motrices, trabajos técnicos y trabajos tácticos.
La Unión Europea ha acordado un embargo petrolero contra Rusia en respuesta a la invasión de Ucrania. El embargo prohibirá la mayoría de las importaciones de petróleo ruso a la UE a partir de finales de año. Algunos países como Hungría aún dependen en gran medida del petróleo ruso y podrían obtener una exención temporal al embargo.
LChalk - DPS placement report for linkedinLewis Chalk
Lewis Chalk conducted an investigation into ergonomic assessment methods used at Jaguar Land Rover to prevent workplace injuries. He analyzed many operator roles and developed new ergonomic tools through iterative design to improve usability and quality of assessments. The goal of the improved tools was to reduce musculoskeletal disorder risks for employees. Over time, using a range of assessments and ergonomic tools to evaluate current production tasks led to lower physical risk factors for workers. However, the user-friendliness of the tools can impact safety if they are used incorrectly. Going forward, Jaguar Land Rover's ergonomic assessment methods will continue to evolve with additional design reviews to help ensure a safe working environment.
El comercio electrónico consiste en la compra y venta de productos o servicios a través de Internet u otras redes. Se usa en varios sectores como finanzas, industria y salud. Permite crear nuevos canales de marketing y ventas, acceder a catálogos de productos de forma interactiva y vender directamente a clientes. Las compras en Internet son rápidas, y los comerciantes pueden llegar a millones de usuarios a través de páginas web. En el país también existen sitios como MercadoLibre donde se pueden real
La Que Se Avecina es una de las comedias más populares de España que continúa manteniendo una alta audiencia a través de sus temporadas. La serie presenta a varios personajes memorables como los Cuquis, la pareja más alocada; las primas solteras; y Antonio Recio, el pescadero que nunca limpia pescado. El programa también se distingue por sus frases emblemáticas dichas por los personajes y por retratar la vida en la comunidad de manera divertida.
El documento presenta una lista de compras realizadas por la Universidad Técnica de Machala para su unidad académica de ciencias químicas y de la salud. Se detallan 10 artículos comprados con su cantidad, precio unitario y total. El monto total de la compra fue de $66,432.60 luego de aplicar un 12% de IVA y un 10% de descuento al subtotal.
El documento proporciona información sobre un taller de capacitación para el personal de mantenimiento sobre la prevención de ITS/VIH. El taller cubrirá la identificación de conductas sexuales de riesgo y la colocación correcta de preservativos, con el objetivo de que el personal pueda reconocer y demostrar dichas conductas. El taller será impartido por cuatro capacitadores y constará de sesiones sobre conductas sexuales de riesgo y el uso adecuado de preservativos a través de demostraciones y ejercicios prácticos.
O documento discute quatro arquétipos (teológico, social, materialista e autoreferencial) que moldam a história. O arquétipo materialista e o capitalismo predominam no Ocidente, tendo quatro aspectos analisados por Marx, Maturana, Foucault e Bauman: exploração, agrupamento individualista, sociedade de vigilância e sociedade de consumo rápido. Há uma mudança para o arquétipo autoreferencial, onde o indivíduo se conhece e cria sentido, ultrapassando a vida ordinária em busca
The document provides an overview of various legal issues related to reputation management and attacks on brands, including defamation, malicious falsehood, breach of confidence, and intellectual property laws. It then discusses the tort of malicious falsehood in more detail, outlining what must be proven in a claim for malicious falsehood. It provides an example case regarding misleading product labeling.
The Bribery Act 2010 comes into force Bark & Co Solicitors - Specialist Fraud...Ascencion Axelquist
Met Police review Daniel Morgan murder over News of the World link It is reported that the Met Police will now investigate a News of The World link concerning the Daniel Morgan Murder (R v Vian & Others). Details reported [here] in the Guardian Mr Glen Vian, represented by Bark & Co, was acquitted in March 2011. Read more (Last updated: 01.03.2012) Kweku Adoboli pleads not guilty at Southwark Crown Court Mr Adoboli has today entered a plea of not guilty at Southwark Crown Court.
The document discusses two recent UK legal cases related to construction adjudication and expert witnesses. In the first case, the TCC refused to grant an injunction to stop an adjudication from proceeding due to challenges presented by the coronavirus pandemic. In the second case, the TCC ruled that an expert witness firm owed a fiduciary duty of loyalty to a client, preventing it from taking expert roles adverse to that client on related matters. This second ruling could significantly impact expert witness firms by restricting their ability to take new expert assignments.
This newsletter provides updates on adjudication and arbitration events and cases in the UK. It discusses two events that were postponed due to the coronavirus pandemic: the launch of the Construction Industry Council's Low Values Disputes Model Adjudication Procedure and a dispute resolution conference in South Africa. It also provides details of an upcoming conference in London in August. Additionally, it summarizes a recent Court of Appeal case involving Steven Walker QC representing Bester Generacion, in which the court confirmed the "dominant purpose test" for legal advice privilege. Finally, it discusses the implications of this ruling for assessing privilege claims, particularly regarding multi-addressee communications.
This document is a letter from Plaintiffs' counsel opposing a motion to dismiss from Defendant Unigestion Holding. The letter argues that the complaint provides sufficient details about Unigestion's involvement in an alleged conspiracy to illegally impose fees on phone calls and money transfers to Haiti in violation of antitrust laws. The letter cites evidence from a New York Times article and videos showing an agreement was made between Unigestion and other defendants to fix prices. The letter also argues the complaint meets pleading standards and that dismissal would be improper at this stage.
The document summarizes challenges to arbitration awards with a focus on East Africa. It discusses the geographical scope covered, the legislative background in Kenya, Tanzania, Uganda and Rwanda. It also discusses approaches to finality of awards, grounds for setting aside awards such as time limits and jurisdiction. The document examines issues relating to appeals, including express limitations and implied rights of appeal. Key talking points highlighted include the "warts and all" approach to awards in Kenya and Uganda, and the wide and fluctuating definition of public policy.
This order from the United States District Court for the Northern District of Georgia addresses sanctions against Hi-Tech Pharmaceuticals, Inc., Jared Wheat, Sean Smith, and Dr. Terrell Mark Wright for contempt of previous court orders. The court had previously found the defendants in contempt for making unsubstantiated advertising claims about weight loss products in violation of injunctions against deceptive marketing practices. At an evidentiary hearing, the court considered evidence to determine the appropriate nature and amount of sanctions. In this order, the court issues findings of fact regarding the defendants' roles and responsibilities at Hi-Tech, and reserves judgment to issue conclusions of law on the sanctions imposed.
Cameron Diver Summary of International Arbitration ExperienceCameron Diver
David A.R. Williams QC has extensive experience as an arbitrator across numerous international arbitration cases. These include state-to-state arbitrations between governments, international investment treaty arbitrations, international commercial arbitrations, and international sports arbitrations. The document provides a high-level overview of over 30 arbitration matters that David A.R. Williams QC has participated in as an arbitrator, covering a wide range of subject matters and jurisdictions under various arbitration rules.
SB 411, the Asbestos Bankruptcy Trust Claims Transparency Act, imposes new disclosure requirements on asbestos claimants regarding claims filed against asbestos bankruptcy trusts. It aims to increase transparency between asbestos bankruptcy trusts and civil litigation. Under the new law, asbestos plaintiffs must disclose all past and potential asbestos trust claims at least 120 days before trial. They must also make all trust claim materials available to defendants. Failure to comply can result in losing a trial date. For non-cancer asbestos claims filed after June 8, 2015, there are also new evidentiary and medical history requirements that make bringing a claim more difficult. While the law removes some of the harshest original provisions, it remains challenging for asbestosis
The document discusses the phenomenon of "compensation culture" in the UK, where there has been an increase in claims for compensation in negligence cases. It examines how courts have reacted to this trend. Specifically, it notes that the Compensation Act 2006 allows courts to consider the wider social impacts of claims. Several cases are discussed where courts have denied claims, finding accidents rather than liability. The document also explores the legal tests of duty of care, including the Anns test and Caparo test, which courts must consider in these types of negligence claims regarding compensation culture.
Kovacs v Queen Mary and Westfield CollegeJoe Sykes
This document summarizes a court ruling on whether employment tribunals should consider a party's means when deciding on costs orders. It discusses previous employment appeal tribunal rulings that suggested means should be considered. However, the most recent ruling in Beynon v Scadden found tribunals are not required to examine a party's means before making a costs order. The court here agrees with Beynon and finds that a party's restricted means are no bar to a costs order being made against them.
Shahid Khan is a solicitor who has handled many high-profile, complex cases involving serious criminal charges such as rape, human trafficking, drug importation, fraud, and assault. These cases often involve large amounts of evidence and disclosure issues. Some examples provided include a current case involving 17 counts of controlling prostitution, rape, and human trafficking; a £200 million fraud conspiracy case involving complex evidence and legal arguments; and a "crash for cash" fraud case involving over 250 staged accidents estimated at £6 million.
ROYAL & SUN ALLIANCE INSURANCE PLC v FAHAD (2014)Stephen Gilroy
The court granted the insurance company permission to bring committal proceedings against the respondent for contempt of court for making false statements in a personal injury claim. The court found evidence that the alleged road traffic accident had been fabricated and the respondent had lied about the circumstances. It was in the public interest to deter fraudulent claims, especially those involving entirely fabricated accidents rather than exaggerated claims. The court also refused to grant the respondent relief from sanctions for failing to follow proper procedures in the committal hearing, as his excuses were found to lack merit.
UFLTV’s ARGUMENTS CHALLENGING THE FACTUAL AND LEGAL ASSERTIONS OF THE COURT’S...Eric Johnson
UFLTV’s ARGUMENTS CHALLENGING THE FACTUAL AND LEGAL ASSERTIONS OF THE COURT’S RULING OF APRIL 6, 2016. Utah divorce, Utah family law, Utah Family Law TV, Utah County, district court, divorce, Wolferts v. Wolferts, American Fork, Brian Wolferts, Sonja Wolferts,
1 BBA102 – PRINCIPLES OF MANAGEMENT SESSION 2, 20.docxmercysuttle
1
BBA102 – PRINCIPLES OF MANAGEMENT
SESSION 2, 2015
CASE APPLICATIONS
FOR GROUP REPORT & PRESENTATION
Group
No.
Presentation
Week
Weekly Topic and Case Application Page
1
5
Topic: Contemporary issues: Ethics, sustainability and
CSR
Case Application: 2Day FM
2
2
6
Topic: Foundations of management: Planning
Case Application: Icelandic Volcano
5
3
7
Topic: Foundations of Management: Decision making
Case Application: Underwater Chaos
8
4
8
Topic: Foundations of Management: Organisational
structure and design
Case Application: LRN
10
5
10
Topic: Managing change and innovation
Case Application: Australia Post
13
6
11
Topic: Understanding groups and managing work teams
Case Application: Swimming Australia
17
7
12
Topic: Communication and Interpersonal Skills
Case Application: Dominos
20
2
Group 1
CASE APPLICATION
A radio prank gone horribly wrong – 2Day FM
What started as a silly prank call from radio hosts Michael Christian and Mel Greig on 2Day FM,
on 6 December 2012, turned deadly serious and very damaging for all of the parties involved.
The two radio presenters had come up with the idea of phoning London’s King Edward VII
Hospital while posing as Queen Elizabeth and Prince Charles to enquire about the condition of
the pregnant Duchess of Cambridge, who had been admitted to the hospital. ‘If this has worked,
it is the easiest prank call ever made ...,’ Christian was heard to whisper as nurse Jacintha
Saldanha transferred the call, which she believed was being made by the Queen and Prince
Charles. After the call was transferred to the Duchess’s nurse, some private details of her
recovery from severe morning sickness were broadcasted on the radio program, to the delight of
the two radio presenters. They later boasted about their accomplishment, both on air and on their
Twitter accounts. ‘This is by far the best prank I’ve ever been involved in ... It’s definitely a
career highlight,’ said Greig.
Two days later, Jacintha Saldanha, the Indian-born nurse who had taken the call and transferred
it in the belief it was genuine, was found dead. She had committed suicide out of shame
following the widespread international attention that resulted from the prank.
When news of the nurse’s suicide broke, a global social media storm erupted, with calls for the
two radio presenters to be sacked. The radio station cancelled the segment and suspended the
duo, who were moved to a ‘safe house’ after death threats were made in the social media sphere.
The radio network also came under investigation by both Scotland Yard and the Australian
broadcasting regulator, the Australian Communications and Media Authority (ACMA), to
determine if any laws had been broken.
The prank call was not the first time 2Day FM had been involved in controversy. For example,
the station’s top-rating b ...
The document summarizes research conducted on whether citizens in the community of Naggo Head are aware of acts that constitute the tort of private nuisance. Surveys were conducted asking residents questions about private nuisance. The findings showed that while most residents were familiar with the concept of private nuisance, many were unaware of its specific elements and the legal remedies available. The researchers concluded more education is needed for citizens on private nuisance laws and respecting neighbors. They recommended residents educate themselves on private nuisance.
- Mr John Ellis was sexually abused by Father Aidan Duggan from ages 13 to 17. In 2002, he reported the abuse to the Catholic Church through their Towards Healing process.
- The process was mishandled by the Director of Professional Standards, who failed to follow the Towards Healing procedures of appointing an assessor and contact person for Mr Ellis.
- As a result, Cardinal Pell sent a letter to Mr Ellis stating nothing could be done, contrary to Towards Healing procedures. This left Mr Ellis confused and distrustful of the process.
- It was not until Mr Ellis persisted that an assessment and facilitation occurred. However, the process overall failed to make
A-4 Appendix A Alternate Case problems—Chapter 2App.docxransayo
A-4 Appendix A: Alternate Case problems—Chapter 2
Appendix A: Alternate Case Problems—Chapter 2 A-3
Alternate Case Problems
Chapter 2
The Court System
2-1. Jury Selection. Benjamin Omoruyi was convicted in a federal district court for the possession of counterfeit securities in violation of federal law. Omoruyi appealed his conviction to the U.S. Court of Appeals for the Ninth Circuit, arguing that the district court erred by permitting the government to peremptorily challenge female prospective jurors on the basis of gender. (In a previous case decided by the Ninth Circuit, that court had held that equal-protection principles prohibit striking potential jurors on the basis of gender.) The first government peremptory challenge was exercised against an unmarried white woman, and the second was exercised against an unmarried black woman. Omoruyi objected to the second challenge on the basis that it was racially discriminatory. In response to the district court’s request to explain the challenge, the government counsel responded: “Because she was a single female and my concern, frankly, is that she, like the other juror I struck, is single and given defendant’s good looks would be attracted to the defendant.” The district court denied Omoruyi’s motion for a new jury. In response to Omoruyi’s allegations on appeal, the government argued that the peremptory strikes were based on marital status, not gender. How should the court decide? Discuss fully. [United States v. Omoruyi, 7 F.3d 880 (9th Cir. 1993)]
2-2. Discovery. Joseph Stout, while on the job as a construction worker, fell from a beam that he was attempting to secure to a steel column. As a result of the fall, Stout sustained injuries that rendered him a paraplegic. Stout brought suit against his employer, A. M. Sunrise Construction Co., and Central Rent-A-Crane, Inc., for damages. Prior to the trial, a number of discovery motions were filed by the defendants, who sought detailed information on the nature of the accident and the injuries incurred. Stout repeatedly failed to respond to these requests, even when the trial court ordered him to do so. Finally, the trial court dismissed the action because of Stout’s failure to respond. Stout appealed the dismissal. On appeal, Stout claimed that the trial court had abused its discretion by dismissing his action against the defendants, thus depriving him of his right to be heard in court. What will the appellate court decide? [Stout v. A. M. Sunrise Construction Co., 505 N.E.2d 500 (Ind.App. 1987)]
2-3. Motion for Summary Judgment. Mary Sabo suffered injuries in an automobile accident caused by Daniel Hoag, an intoxicated driver. Hoag had just left Peoples Restaurant after having consumed a large number of drinks. Sabo sued Peoples for damages, alleging that the restaurant had violated a state statute that provided that any person who “knowingly serves” an individual who is “habitually ad.
The People request that the courtroom be closed during pretrial Molineux and Sandoval motion hearings in the Harvey Weinstein case. They argue closure is necessary to protect Weinstein's right to a fair trial given the extensive media coverage. The defense is also seeking closure. If the court agrees to closure, the People say any evidence ruled admissible should be made public at trial or earlier if it won't compromise a fair trial. The court will hold a preliminary hearing to consider closure arguments from both sides before ruling.
Similar to TOM BLACKBURN SC CV 6th September 2016 (20)
1. TOM BLACKBURN SC
Contact details 5RB,
5 Gray’s Inn Square
London WC1R 5AH
Banco Chambers,
Level 5, 65 Martin Place,
Sydney NSW 2000 Australia
Tel: +44 20 7242 2902
Fax : +61 2 9237 0880
Mobile: +61 408 482971
tomblackburn@5rb.com
tom.blackburn@banco.net.au
Clerk (London): Andrew Love
+44 20 7242 2902
andrewlove@5rb.com
Clerk (Sydney): Jeh Coutinho
Tel: +61 2 8239 0201
Clerk@banco.net.au
Admissions New South Wales Bar 6th November 1987.
Admitted High Court of Australia, South Australia, Victoria,
Queensland, Western Australia, the Northern Territory, Tasmania
and the ACT.
Republic of Ireland (King’s Inns 1992)
England and Wales (Gray’s Inn 2001).
Professional University of Adelaide, LL.B, 1984
1984-1987
Solicitor, Finlaysons, Adelaide.
1988 – present
Barrister, Sydney. Appointed to silk (Senior Counsel) in 2003.
Practice areas Commercial, media and communications law (commercial,
regulatory, contempt, copyright and defamation), competition and
consumer law.
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I regularly appear for the main media organisations in Australia,
interstate as well as in Sydney.
I am an experienced trial and appellate advocate with extensive
experience in urgent applications.
Leading Technology, Media & Telecommunications Barristers –
NSW, 2016 - Doyles Guide (Australia)
Australian Financial Review Best Lawyers in Australia 2012,
2013, 2014, 2015, 2016 – litigation.
SOME CASES OF INTEREST
The following is a list of some of the matters in which I have been briefed over the last ten
years or so.
Royal Guardian Mortgage Management Pty Ltd v Nguyen [2016] NSWCA 88
(CA)
Appeared for the successful appellant. Court of Appeal ordered new trial because of
denial of procedural fairness as a result of excessive judicial intervention in the
course of the trial. The Court also overturned adverse credit findings against
appellant’s principal witness.
Duffy v Google Inc.
Appeared for Google in its appeal from the judgment of Blue J in the Supreme
Court of South Australia in Duffy v Google Inc. In that case, after a thorough
review of Commonwealth authorities that included, among others, Metropolitan
International Schools, Bunt, Tamiz, Crookes, Trkulja, Oriental Press Group and
Bleyer, the Court held Google liable for search various result snippets,
hyperlinked webpages and auto-complete results. The issues on appeal include
whether Google became liable for publication after notification, and whether, and
in what circumstances, it was liable for the publication of third-party webpages to
which the search results hyperlinked. Judgment is reserved.
Georgina Hope Rinehart v TCN Channel 9 Pty Ltd, Nine Network Australia
Pty Ltd and Cordell Jigsaw Productions Pty Ltd
Instructed for the plaintiff, who is the proprietor of Hancock Prospecting, a major
Australian iron-ore miner. She sued in privacy, malicious falsehood and misleading
and deceptive conduct under the Australian Consumer Law, over the intrusive and
false depiction of herself in a nationally televised mini-series. The proceedings
recently settled at mediation. The terms of settlement prevent the defendants from
ever rebroadcasting the series or streaming it electronically, or from selling it online
or in any other medium.
Inspector of the Independent Commission against Corruption; Parliamentary
Inquiry into Operation Hale
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I am currently advising the Hon. David Levine AO QC, the Inspector of the
Independent Commission against Corruption (a statutory anti-corruption body with
extensive inquisitorial and investigative powers), in his inquiry and report to Parliament
on alleged abuses of power by the ICAC in the conduct of Operation Hale. Operation
Hale is an investigation by the ICAC into allegations of misconduct by a senior Crown
prosecutor. The issues on which my junior Peter Kulevski and I have advised are: the
unlawful seizure by officers of the ICAC of mobile phones by means of a notice to
produce instead of a search warrant; whether an ex post facto attempt to cure the
unlawful seizure by the issue of a warrant made the initial seizure lawful; and whether
the Inspector, whose office is established under the law of New South Wales, can
require the ICAC to produce to him telecommunication interception material provided
to the ICAC by the Australian Crime Commission under Federal law. Because of the
immense public interest generated by the inquiry and the associated Parliamentary
hearings, the Inspector has publicly released our opinions here and here.
Wagner & Ors v Harbour Radio Pty Limited, Alan Jones, Nine Network
Australia Pty Ltd & Ors.
Instructed for the plaintiffs, four brothers who are well-known industrialists. They
are suing the Nine Network over a 60 Minutes television broadcast, and Harbour
Radio over 34 syndicated radio broadcasts, that accused them of causing the deaths
of numerous people in a flood, and of attempting to cover up their responsibility.
The defendants have pleaded truth. The proceedings will be heard before a jury.
Dank v Nationwide News Pty Limited and Ors
Successfully appeared for the defendants (the Australian operation of News
Corporation) in defamation claim brought by Stephen Dank, a well-known sports
scientist, over three newspaper articles in the Sydney Daily Telegraph. The
newspaper alleged, inter alia, that the plaintiff had covertly injected WADA-banned
peptides into a first-grade rugby league player, John Mannah, who was in remission
from cancer at the time, and had thereby hastened Mannah’s death from his
resurgent cancer. On14th March 2016, the jury returned a verdict for the defendants
on two of the three articles, finding that the allegations concerning Mr Mannah (in
particular, that the plaintiff had hastened Mannah’s death by the injection of banned
peptides) were true. Although the plaintiff is notionally entitled to damages for the
third article, of considerably lesser seriousness, on 17th March the trial judge (who
retains the function of the assessment of damages) awarded no sum for damages, by
the application of the principles in cases such as Pamplin v Express Newspapers and
Burstein v Times Newspapers, and ordered the unsuccessful plaintiff to pay the
newspaper’s costs.
Cheikho v Nationwide News Pty Ltd
Appeared late in 2015 for the defendant, the publisher of the Sydney Daily
Telegraph, which was sued over four articles said to give rise to imputations, inter
alia, that the plaintiff was a Muslim extremist, had taken part in a riot and had
participated in a violent protest. The jury found for the defendant in respect of three
out of the four articles, upholding defences of truth and honest opinion. The plaintiff
succeeded on one imputation in respect of the remaining article; it was held by the
trial judge (McCallum J) not to be defensible on the basis of qualified privilege. The
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plaintiff received a modest award of damages from her Honour (the awarding of
damages is a function reserved for the judge by statute).
Fairfax Media Publications Pty Ltd and Ors v Bateman and Anor (2015) 321 ALR
726 (CA)
Appeared for the appellants in the Court of Appeal on the question whether David
Syme & Co Ltd v Hore-Lacy (2000) 1 VR 667, which is Australia’s more limited
version of Polly Peck v Trelford [1986] QB 1000 (CA), should continue to be regarded
as good law. Held, per Basten JA (Macfarlan JA agreeing; McColl JA, dissenting),
Hore-Lacy should no longer be followed. This case puts an end to the ability of
defendants to plead “common sting” meanings in defamation proceedings, and has
opened up a conflict of authority in Australian appellate courts which will have to be
resolved by the High Court.
2015 - briefed for Opel Networks Pty Limited (a joint venture between telco Optus
Networks and Elders) in proceedings in the New South Wales Supreme Court, Equity
Division, against the Australian Government over the cancellation of the contract
between Opel and the Federal Government to establish a rural broadband wireless
network. Proceedings have settled.
2015 - briefed in the Commercial List proceedings for Serco Australia Pty Limited,
the defendant in proceedings brought by infrastructure management provider RCR
Resolve FM Pty Limited, involving RCR’s management of Federal Government
immigration and detention facilities. Proceedings have settled.
Yu v Cao [2015] NSWCA 276 (CA)
Appeared for the successful appellant who had been the subject of a large non-party
costs order in the District Court. The appeal involved the principles applicable to the
exercise of the discretion to award costs against non-parties. The Court held that the
circumstances of the case were not such as to warrant, in the interests of justice, the
exercise of the exceptional power to make a non-party costs order the appellant.
Gacic v John Fairfax Publications Pty Ltd (2015) 89 NSWLR 538 (CA)
Appeared for Fairfax, respondents and cross-appellants in a very long-running case
arising out of a restaurant review, in its third time in the Court of Appeal, after three
first instance trials [and one trip to the High Court of Australia: (2007) 230 CLR 291];
the issue in this appeal was damages. The plaintiff was partially successful, but Fairfax
also succeeded in its cross-appeal that the judge had misapplied mitigation principles.
Rinehart v Nine Entertainment Co Holdings Ltd and Nine Network Australia Pty
Ltd [2015] NSWSC 239 (Supreme Court)
Appeared for the plaintiff (see above) in her successful interlocutory application for
preliminary discovery to force Channel 9 to produce for inspection the second episode
of a miniseries about the life of the plaintiff, due to be broadcast two days later.
Injunction proceedings the next day resulted in substantial cuts being made to the
program.
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Fairfax Media Publications Pty Ltd and Anor v Pedavoli (2015) 326 ALR 737 (CA)
Appeared for the appellant; issues included whether publication occurred – the plaintiff
was not named – the adequacy of an offer of amends under statute; quantum of general
damages and aggravated damages.
Born Brands Pty Ltd and Ors v Nine Network Australia Pty Ltd (2014) 88
NSWLR 421 (CA)
Appeared for the respondent Nine Network on the plaintiffs’ appeal from the dismissal
of their defamation proceedings. Issues included the proper construction of the
contextual truth defence contained in Australia’s uniform national defamation law; and
the circumstances in which for-profit corporations are entitled to sue; appeal dismissed.
An application by the appellants for leave to appeal to the High Court of Australia was
refused (French CJ and Bell J).
2014 - advised and appeared in Commercial List proceedings for Lantern Hotel
Group Limited (ASX listed) against Millinium Asset Services Limited, the trustee of a
unit trust, over the alleged breach of the terms of an off-market buyback. Proceedings
have settled.
2013 - Advised ASX listed company iCash Payment Systems Limited in its dispute
with minority shareholders in Korea. The dispute has resolved.
Milisits v The State of South Australia (2014) 119 SASR 538 (Full Court)
Appeared for Vili Milisits OAM, the owner of one of Australia’s most successful
bakery businesses, in appeal proceedings in the Full Court of the Supreme Court of
South Australia, defeating a claim of Public Interest Immunity asserted by the State of
South Australia. An application by the State for leave to appeal to the High Court of
Australia was refused (French CJ and Keane J).
Toben v Milne [2014] NSWCA 200 (CA)
Appeared pro bono in the Court of Appeal for a Greens Senator, Christine Milne, the
respondent to the appeal, who was the defendant in defamation proceedings brought by
a well-known Holocaust denier, Frederick Toben. The appeal was dismissed.
Clive Palmer v Nationwide News Pty Limited [2014] QSC 174
Appeared for the defendant, Nationwide News Pty Limited, the publisher of The
Australian newspaper, in defamation proceedings in the Queensland Supreme Court
brought by businessman, MP and leader of the Palmer United Party, Clive Palmer. His
case suffered a major setback after Justice Boddice struck out almost half of the
imputations pleaded in his statement of claim. Boddice J ordered Mr Palmer to pay
Nationwide’s costs of the proceedings. After this judgment the case settled with no
ongoing restrictions on publication by Nationwide and no financial terms.
Dank v Cronulla Sutherland District Rugby League Football Club Ltd and ors
[2014] NSWCA 288 (CA)
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Appeared for Nationwide News Pty Limited, publisher of the Sydney Daily Telegraph,
in defamation proceedings against the publisher of the Daily Telegraph commenced by
sports scientist Stephen Dank over allegations of doping in the National Rugby League
and Australian Football League. The above appeal involved an unsuccessful attempt by
Dank to overturn various interlocutory rulings. Dank was ordered to pay Nationwide
News’ costs on an indemnity basis.
7 Network Operations Ltd v Brown [2013] NSWSC 372
Appeared in Commercial List proceedings for Melanie Brown (aka Scary Spice) in
proceedings brought by Channel 7 for breach of contract and injunction proceedings
against her and the Channel Nine Network to stop her from appearing on the Australian
version of The X Factor.
The Age Co Ltd v Liu (2013) 82 NSWLR 268 (CA)
Appeared for the appellant (publisher of the Melbourne Age) and three of its journalists
in an appeal from an order for preliminary discovery. The issues on the appeal included
the constitutional validity of the applicable Supreme Court Rule in its current form; and
whether the so-called “newspaper rule” required strengthening in the light of the
implied constitutional freedom of political communication. An application for leave to
appeal to the High Court was refused, although the High Court sat three judges instead
of two on the application for leave (Hayne, Bell and Gageler JJ).
Candy v Bauer Media [2013] NSWSC 979
Appeared in the New South Wales Supreme Court, Equity Division, for Bauer Media
Australia in Holly (Candy) Vallance’s proceedings against Bauer for permanent
injunctions and damages for breach of contract, breach of confidence and privacy.
Defeated Ms Vallance’s application for an injunction.
O’Shane v Harbour Radio Pty Limited (2013) 303 ALR 314; (2013) 281 FLR 1;
[2013] NSWCA 315 (CA)
Appeared for Harbour Radio Pty Limited in defamation proceedings brought by former
Magistrate Pat O’Shane. This appeal involved whether the principle of judicial
immunity prevented the examination of her conduct on the bench, and whether the
principle, if it prevented such examination, was consistent with the implied freedom of
political communication in the Federal Constitution. The Court held that a discussion of
judicial conduct was not a political or government matter that attracted constitutional
protection, but also held that Ms O’Shane was not entitled to invoke judicial immunity
to prevent Harbour Radio defending.
Fairfax Digital Australia & New Zealand Pty Ltd and Ors v Ibrahim (2012) 83
NSWLR 52; 263 FLR 211 (CCA)
Appeared in the Court of Criminal Appeal for the appellants, Fairfax Digital Australia
& New Zealand Pty Limited, Fairfax Media Publications Pty Limited, News Digital
Media Pty Ltd, Nationwide News Pty Limited, Australian Broadcasting Corporation,
Yahoo!7 Pty Ltd, Seven Network (Operations) Limited and Ninemsn Pty Limited in
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proceedings involving the constitutionality of the Court Suppression and Non-
publication Orders Act 2010 (NSW) in its interaction with Federal legislation, the
Broadcasting Services Act 1992 (Cth), and the extent to which those laws were
inconsistent. The Court held that to the extent that the Court Suppression and Non-
publication Orders Act 2010 permitted a court to make orders requiring an internet
content host to remove or otherwise restrict access to content, or to inquire of or
monitor the content hosted on its websites, the nature of which it was not aware of, it
was inconsistent with Schedule 5 of the Broadcasting Services Act 1992 and pursuant to
s 109 of the Federal Constitution such orders were invalid.
Harbour Radio Pty Limited v Australian Communications and Media Authority
(2012) 202 FCR 525; (2012) 128 ALD 145; (2012) 291 ALR 354
Administrative law; judicial review. Appeared in the Federal Court of Australia for
Harbour Radio Pty Limited on application for judicial review of a decision by the
Australian Communications and Media Authority under the Broadcasting Services
(Commercial Radio Current Affairs Disclosure) Standard 2012. Questions involved
whether the decision was in excess of jurisdiction conferred by s 125 Broadcasting
Services Act 1992 (Cth); whether relevant jurisdictional facts existed; whether the
standard was reasonably or rationally proportionate to primary power.
Roozendaal v Fairfax Digital Australia and New Zealand Pty Ltd and Another -
(2015) 232 FCR 487; 324 ALR 346 (Federal Court)
Appeared for defendants on question whether in a civil trial in the Federal Court of
Australia, the Court should empanel a jury, having regard to the procedural law of New
South Wales (the proceedings having been issued in the New South Wales District
Registry of the Federal Court), and the historical mode of trial of defamation actions in
New South Wales which was by jury.
Fairfax Media Publications Pty Ltd v Alex [2014] NSWCA 273 (CA)
DEFAMATION — Defamation Act 2005 (NSW) — Pleadings — Imputations —
Uniform Civil Procedure Rules 2005, r 14.30 — Where ambiguity — Not to be left
to jury subject to clarification.
DEFAMATION — Pleadings — Whether matter published capable of conveying
defamatory imputation.
Liu v Fairfax Media Publications Pty Ltd - (2012) 84 NSWLR 547; 93 ACSR 26
Appeal involving a consideration of competing statements in English decisions as to
whether the scope of “without prejudice” privilege was restricted to admissions
made in the course of settlement negotiations: Muller v Linsley [1996] PNLR 74 at
79 (Muller) per Hoffman LJ; Bradford v Bingley plc v Rashid [2006] 1 WLR 2066 ;
[2006] 4 All ER 705 compare Ofulue v Bossert [2009] 1 AC 990 ; [2009]
2 WLR 749 ; [2009] 3 All ER 93 at [71] per Lord Rodger and [72] per Lord
Neuberger.
Commonwealth of Australia As RepresentedBy the Department of Industry,
Innovation, Science, Research and Tertiary Education v Fairfax Media Ltd
and Anor [2012] NSWSC 1336
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Appeared for defendants in the Supreme Court, Common Law Division, against the
Commonwealth of Australia in application to restrain defendants from having
access to documents held in Court by the Prothonotary, the documents having been
the subject of an application under the Freedom of Information Act 1982 (Cth).
Hyndes v Nationwide News Pty Ltd; Nationwide News Pty Ltd v Hyndes [2012]
NSWCA 349
Appeared for respondent/cross-appellant on plaintiff's appeal from jury verdict. Jury
had been satisfied of the substantial truth of the imputations and had found for the
defendant. Whether the verdict unreasonable or not open on the evidence.
Discussion of Hocking v Bell [1945] HCA 16 ; 71 CLR 430. Appeal dismissed.
Cross-appeal involved an application by the successful defendant for indemnity
costs following failure to accept reasonable offer. Interaction with Uniform Civil
Procedure Rules 2005 (NSW); whether offers reasonable; whether failure to accept
the offer was unreasonable. Whether the application, made under Defamation Act
2005 (NSW), s 40 involved the exercise of a discretionary power.
Fairfax Media Publications Pty Ltd v Cummings; Fairfax Media Publications Pty
Ltd Kate Lahey and Fairfax Printers Pty Ltd v Cummings (2013) 280 FLR 238 (CA)
Appeared for appellants who attempted unsuccessfully to have two proceedings,
brought for the admitted purpose of avoiding a statutory cap on damages,
consolidated. The issue was whether the bringing of two proceedings was in the
circumstances an abuse of process. Effect of amendments to Civil Law (Wrongs)
Act 2002 (ACT) on common law following Thompson v Lambert; whether Civil
Law (Wrongs) Act 2002 (ACT) s 133 determinative.
Clarke v Nationwide News Pty Ltd (t/as The Sunday Times) (2012) (2012) 201
FCR 389; 289 ALR 345 (Federal Court)
Civil and political rights; anti-discrimination. Claim brought under section 18C of
the Racial Discrimination Act 1975 over the publication of some 500 blog
comments on the defendant newspaper’s website, commenting the deaths of three
indigenous children in a stolen car. The claim was brought by the mother of the
children. Issue was whether comments contravened s 18C of the Racial
Discrimination Act 1975, and whether comments were exempt pursuant to s 18D of
the Racial Discrimination Act 1975. In the result, only 12 of the blog comments
were found by Barker J to be in breach of the Act.
The Korean Times Pty Ltd and Anor v Un Dok Pak [2011] NSWCA 365 (CA)
Appeal involving whether the defence of common law qualified privilege should,
exceptionally, apply to a confined publication in Korean language newspaper;
whether reciprocity of interest and duty established.
Gacic v John Fairfax Publications Pty Ltd & anor [2011] NSWCA 362 (CA)
Further appeal in long-running defamation case involving a restaurant review. The
trial judge found for the defendants, but the verdict was overturned by the Court of
Appeal, which held that the reader would have understood the review to refer to
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both of the establishment’s restaurants, and since the reviewer had only eaten at
one, the defence of fair comment must fail.
Snedden v Nationwide News Pty Ltd [2011] NSWCA 262 (CA)
Appeared for the successful defendant, the respondent to the appeal. The plaintiff
was a naturalised Australian citizen also known as Dragan Vasilijevic, "Captain
Dragan”, and had been a militia commander for the breakaway Serbian enclave of
Krajina during the Civil War in the former Yugoslavia. He sued The Australian
newspaper for alleging that he had committed war crimes that included mass
murder, torture and rape. The claims were defended on the basis of truth. The
defendant went to substantial expense and difficulty to locate and bring to Australia
numerous witnesses who testified against the plaintiff; a number of other witnesses
gave video link evidence from a specially convened court in Zagreb. Latham J
found that all the allegations were true. The plaintiff's appeal was dismissed.
Although the plaintiff had been mentioned unfavourably in the course of certain
proceedings in the International Criminal Tribunal for the former Republic of
Yugoslavia, he had not been the subject of any charges, and was at liberty in
Australia. In consequence of the evidence given in the trial, the Republic of Croatia
(which had jurisdiction under the rules of the ICTY) successfully sought an order
for the extradition of the plaintiff, and he is currently on trial in Croatia for war
crimes.
Hogan v Australian Crime Commission & ors (2010) 240 CLR 651 (High
Court of Australia)
Appeared in the High Court of Australia for Nationwide News Pty Ltd and John
Fairfax Publications Pty Ltd on an unsuccessful appeal by the actor Paul Hogan to
prevent the publication documents which he had deployed in Court proceedings
against the Australian Crime Commission, and in respect of which legal
professional privilege had been waived; and whether because of their highly
sensitive nature (as documents relating to his taxation arrangements) they should
continue to be the subject of various orders restricting their publication to prevent
prejudice to the administration of justice. His appeal was dismissed.
West Australian Newspapers Ltd & anor v Bond (2009) 40 WAR 164 (CA)
Appeared for the appellants, a newspaper proprietor and journalists, from a Norwich
Pharamacal order made in favour of a formerly prominent industrialist who had
served a prison sentence for various white-collar crimes. He intended bringing
actions for breach of confidence, breach of privacy and conversion in respect of
confidential correspondence about his business affairs that had found this way in the
hands of the newspaper. He sought inspection of audiotapes that would reveal the
identity of the appellants’ confidential source. The issues included the common
law's recognition of the public interest in the free flow of information by the
imposition of restraints on the disclosure of the identity of a media proprietor's or
journalist's confidential sources, and whether the information revealed by a source
confidentially appears to be a matter of genuine public interest; including whether
the information discloses an iniquity. The appeal was allowed and the order was set
aside.
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R v Baladjam & ors (2008) 270 ALR 92
Appeared for various national television networks and newspapers. Trial of 12
defendants on charges of terrorism offences commenced in Melbourne; nine
accused to be tried in Sydney on charges of terrorism offences. Evidence of
communications between one defendant in Melbourne trial and certain accused in
Sydney case to be adduced in Melbourne trial — National media outlets reporting
on court proceedings in Melbourne trial — Accused in Sydney case applied for quia
timet injunction to restrain threatened contempt of court and for suppression orders
with respect to certain identifying information — Applications refused.
Commissioner of Police v Nationwide News Pty Ltd and Anor (2007) 70 NSWLR
643 (Court of Appeal)
Public interest immunity; appeal (allowed in part) by the Commissioner of Police
from the refusal of a non-publication order for information previously disclosed in
open court; appellant claimed anonymity of certain persons should be preserved
with assigned pseudonyms for limited disclosure of identified classes of
information, being procedures to be followed by undercover offices in
circumstances where a crime was on the point of being committed. The
Commissioner claimed that the first instance Judge had erred in holding that certain
material did not contain specific or explicit information regarding applicant's
practice and policy.
John Fairfax Publications Pty Ltd v Hitchcock (2007) 70 NSWLR 484 (Court of
Appeal )
Appeared for successful appellant in proceedings involving various defamation
defences at common law and under the Defamation Act 1974.
State of Western Australia v Armstrong and West Australian Newspapers Pty Ltd
[2007] WASCA 204 (CA)
Successfully defended the proprietor and editor of the "West Australian" newspaper
on a charge of contempt of court.
John Fairfax Publications Pty Ltd and another v Gacic (2007) 230 CLR 291;
(2007) 235 ALR 402 (High Court of Australia)
Appeared for appellants on their appeal to the High Court of Australia on the proper
construction of section 108 of the Supreme Court Act and whether and in what
circumstances it empowered an appellate court to enter its own verdict where it had
determined that a jury verdict was unreasonable.
Regina v Lodhi (2006) 163 A Crim R 448 (Supreme Court, Criminal Division)
Criminal law — Terrorism — Media interest — Implied freedom of speech
Courts and judicial system — Cross-vesting — Terrorism offences — Discretion
Constitutional law — Constitution — Implied rights, freedoms and immunities —
Terrorism offences.