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New judgments

Fri Nov 25 2022

Bektasovski v R [2022] NSWCCA 246 - tendency evidence, "It is not necessary that the common features be capable of being described as 'striking' [counsel's submission]. What is needed is a sufficient link... That link need not be peculiar"

Carmichael Rail Network Pty Ltd v BBC Chartering Carriers GmbH & Co. KG (The BBC Nile) [2022] FCAFC 171 - does the Carriage of Goods by Sea Act 1991 (Cth) prevent the use of foreign jurisdiction clauses in interstate contracts of carriage?

REFERENCE by the Lord Advocate of devolution issues under paragraph 34 of Schedule 6 to the Scotland Act 1998 [2022] UKSC 31 - Scottish independence

Sims v Commonwealth of Australia [2022] NSWCA 194 - where proceedings brought by Commonwealth to recover ultra vires payments mistakenly made to former Navy officer after his separation from Navy, whether ss 81 and 83 of the Constitution provide an implied basis for the recovery of ultra vires payments by the Commonwealth

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