Drafting is a skill. This is one key skill that all lawyers need to master, yet you cannot really study for it. It comes with practice – lots of practice – an experience.
This month, we start the Australian Banking and Finance Law Bulletin with an article about the recent decision of Credit Suisse v Springsure. Angela Flannery (Holding Redlich) takes a look at this Queensland Supreme Court judgement, which is reminder that great care must be taken in drafting security documents (in this case, a general security agreement), particularly regarding the definitions and interpretation clauses. Some banking and finance lawyers told me that they found Justice Bond’s conclusion surprising, but then, others told me that the outcome was as they have expected. You can decide for yourself after reading about this interesting case.
Next up, David Richardson (HWL Ebsworth) considers a security for costs case, Ravensthorpe v Westpac. The principles concerning an application for security for costs are quite well established. We are reminded that the Court first looks to whether the jurisdiction to grant security for costs has been enlivened, and once the jurisdiction is enlivened, the Court then has discretion as to whether security ought be awarded. That discretion is unfettered, although it must
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Caroline writes for the Privacy Law Bulletin, and in her first article for this publication, titled “Privacy and the banking and finance industry: a refresher and a look into the future”, she outlines three important privacy law considerations for banking and finance lawyers, accompanied by useful tips for clients. I would like to take this opportunity to welcome Caroline to our community, and I look forward to having her share her knowledge and expertise with our readers in many more future
...hat of how to apply law effectively. Now, I’m able to participate in casual conversations about sports, but I’m more interested in conversing about the structures of free agency, labor-related issues and the drafting and negotiation of contracts.
3. The court stated: "We conclude that when the ground for asserting privilege as to subpoenaed materials sought for use in criminal trial is based only on the generalized interest in confidentiality, it cannot prevail over the fundamental demands of due process of law in the fair administration of justice. The generalized assertion of privilege must yield to the demonstrated, specific need for evidence in a pending criminal trial.
1998 Eddie Kioki Mabo along with 5 other Meriam people began their legal journey to claim ownership of the island of Mer located in the Torres Strait islands. The Supreme Court of Queensland was required by the High Court of Australia to determine the facts of the case but while the case was held at the Queensland Court the act “Any rights that Torres Strait Islander had to land after the claim of sovereignty in 1879 is herby extinguished without compensation” was passed by the state Parliament. The case was then put on hands of the high court of Australia, it was decided the case Mabo No.1 was invalid due
State of Queensland v B [2008] QSC 231 was a case heard in the Supreme Court of
Privacy postulates the reservation of a private space for the individual, described as the right to be let alone. The concept is founded on the autonomy of the individual. The ability of an individual to make choices lies at the core of the human personality. The Supreme Court protected the right to privacy of prostitute. The autonomy of the individual is associated over matters which can be kept private. These are concerns over which there is a legitimate expectation of privacy. Privacy has both a normative and descriptive function. At a normative level privacy sub-serves those eternal values upon which the guarantees of life, liberty and freedom are founded. At a descriptive level, privacy postulates a bundle of entitlements and interests
“They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.”(Benjamin Franklin). Privacy is considered a civil liberty issue. It reflects the American fundamental values such as civil liberties, limited government, and individualism. It covers the whole range of civil liberties spectrum and it holds every aspect of our life. It plays a major role on our daily lives and it is also a main structure in the future of democratic political system (Wemmer, 2012.) Privacy has evolved overtime, privacy can be interpreted from the First ,Third, Fourth, Fifth, Ninth, Fourteenth Amendments in the Constitution; however Americans don’t consider the importance of privacy until cases such as Griswold v. Connecticut (381 U.S. 479, 1965), Roe v. Wade (410 U.S. 113, 1973), Mapp v. Ohio (367 U.S. 643, 1961) are brought to the court.
All humans have some desire for privacy, but people have different boundaries to what information about them should be private. Problems arise with these widely varying definitions. What one person may define as a casual curiosity, another may define as a blatant invasion of privacy. Often, these disagreements find themselves in court rooms, and have been subjects of some of the most controversial court cases ever.
The word “privacy” did not grow up with us throughout history, as it was already a cultural concept by our founding fathers. This term was later solidified in the nineteenth century, when the term “privacy” became a legal lexicon as Louis Brandeis (1890), former Supreme Court justice, wrote in a law review article, that, “privacy was the right to be let alone.” As previously mentioned in the introduction, the Supreme Court is the final authority on all issues between Privacy and Security. We started with the concept of our fore fathers that privacy was an agreed upon concept that became written into our legal vernacular. It is being proven that government access to individual information can intimidate the privacy that is at the very center of the association between the government and the population. The moral in...
Today, because privacy is a emerging right, a discussion of privacy is usually consists of a list of examples where the right has been recognized. Privacy can be talked about in the nature of the right and the source of the right. There are four rights in the USA, unreasonable intrusion such as physical invasion, appropriation of a persons name or likenesss, publication of private facts such as income tax data or sexual relations, and publication that places a person in a false light, and the only one that is widely accepted in the US is the second one. A person might also recover under intentional infliction of emotional distress, assa...
Solove, Daniel J. “5 Myths about Privacy” Washington Post: B3. Jun 16 2013. SIRS. Web. 10
LeRoux, Yves. "Privacy concerns in the digital world." 03 Oct 2013. Computer Weekly. 24 April 2014 .
As society has progressed, there have been many new innovative and unbelievable developments in almost all aspects of life that have ultimately created an impact. More specifically, advancements in technology have rather had a much larger and intense impact on society as it continues to grow. Technology has allowed for many great and useful applications that has made life much easier and convenient. However, many aspects of technology have given a rise to a number of social and ethical issues, causing numerous debates and concerns. One of the more prominent concerns deals with the issue of privacy rights.
Perhaps the founder of Facebook, Mark Zuckerberg, said it best when he claimed that privacy is no longer a “social norm.” Virtually everyone has a smart phone and everyone has social media. We continue to disclose private information willingly and the private information we’re not disclosing willingly is being extracted from our accounts anyway. Technology certainly makes these things possible. However, there is an urgent need to make laws and regulations to protect against the stuff we’re not personally disclosing. It’s unsettling to think we are living in 1984 in the 21st century.
Papacharissi, Zizi, and Jan Fernback. "Online Privacy And Consumer Protection: An Analysis Of Portal Privacy Statements." Journal Of Broadcasting & Electronic Media 49.3 (2005): 259-281. Communication & Mass Media Complete. Web. 24 Nov. 2013.
Occasionally there may be misunderstandings made by individuals/parties in differentiating between a simple contract and a speciality contract. From what is understood, a speciality contract may be; “illustrated by reference to gifts”, as stated by (Richards, 2009).