Results.
5 judgments found.
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| May 1976 |
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Marriage upheld where mother's attendance implied consent and parties did not willfully flout procedural requirements.
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Family law — marriage of minor (s.17) — implied parental consent by attendance — procedural defects (ss.6,10) — presumption of validity from ceremony plus cohabitation — s.32(2) requires knowing and wilful acquiescence for nullity.
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27 May 1976 |
| March 1976 |
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Appeal against refusal of practising certificate dismissed; s.68 discretionary, no unfair denial of hearing, retrospective certificate precluded by s.38.
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Legal practitioners — Practising certificate — Refusal to issue — Invocation of s.68 requiring production and audit of books — Discretionary nature of s.68 — Procedural fairness and opportunity to be heard — Appeal under s.37(2) — Limits on declaratory relief — Effect of s.38 preventing retrospective certificates — Need for expeditious disposal by association.
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19 March 1976 |
| February 1976 |
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Mandatory forfeiture under the National Parks and Wildlife Act prevails; Firearms Act discretion does not apply to NPWA convictions.
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Firearms — Forfeiture — Mandatory forfeiture under s.145(1) National Parks and Wildlife Act — No conflict with s.54 Firearms Act — Firearms Act discretion not applicable to NPWA convictions.
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6 February 1976 |
| January 1976 |
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Mere failure to appear does not automatically justify forfeiture of the applicant's recognizance; negligence must be proved.
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Criminal procedure — Bail — Forfeiture of recognizance — Discretion under s.131(1) — Procedural safeguards before estreating recognizance — Breach must be proved with particularity — Surety entitled to be informed and to give evidence — Standard: beyond reasonable doubt to show negligence or connivance by surety.
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15 January 1976 |
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Condonation of incompetence prevents later summary dismissal; termination letter construed as payment in lieu of notice, three months' notice awarded.
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Employment law — master and servant — implied undertaking to exercise reasonable skill — condonation of incompetence — distinction between termination by payment in lieu of notice and summary dismissal — reasonable notice for probationary expatriate — mitigation of damages; proof of expenses
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8 January 1976 |