18-8-21 / Anthony Messina — Contract
This is a case of significance to the property industry. The appeal concerns the alleged infringement of the appellant photographer’s intellectual property rights in images and floor plans he created pursuant to informal contracts with real estate agents. The images and floor plans were displayed on platforms, including RP Data…
18-8-21 / Rachel De Luchi — Judicial Review & Administrative, Professional Discipline & Regulatory
Application for costs against the Applicant following dismissal of an application for judicial review in Karmakar v Minister for Health (No 2) [2021] FCA 916. The active party Respondents sought an order for costs against the Applicant following the dismissal of the application for review. The application for costs was…
10-8-21 / David Chesterman KC — Professional Discipline & Regulatory
This was an application to punish the respondents for contempt of court. The first respondent provided a tax agent service for a fee in January 2021 which amounted to contempt against orders prohibiting him from such conduct previously made by Rangiah J. The fact of contempt was admitted. In issue…
6-8-21 / David Chesterman KC — Contract
Applications for summary judgment and to set aside a subpoena for production issued at the defendant’s request. The court considered two issues: that the plaintiff “sold and transferred to a trust its legal and equitable rights to mortgage deed … soon after execution of the mortgage”, and that the original…
6-8-21 / Rachel De Luchi — Judicial Review & Administrative, Professional Discipline & Regulatory
Led by Mr Julian Burnside QC, Rachel De Luchi appeared for the applicant in her challenges to each stage of the Professional Services Review process under the Health Insurance Act 1973 (Cth) (the ‘HIA’). After Dr Karmakar’s practice was reviewed, she applied to the court for declarations that decisions of…
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