The recent case of Corke v Shopping Centres Australasia Property Group Re Limited trading as Cabarita Beach Shopping Centre provides important insights into when it is reasonable for a defendant to require a plaintiff to submit to a medical assessment.
In our latest case note, Principal Matthew McDonald and Solicitor Darcie Hill examine the findings and discuss how subtle changes to the basis for an application to secure an order compelling a plaintiff to submit to a medical expert examination may have resulted in a different outcome.
Read here: https://lnkd.in/gJ2HWnQS#LegalInsights#CaseLaw
Upon Further Review: Litigation Arising From Sports Contracts, Transactions, and Intellectual Property, and How to Prevent It
Today (June 20, 2024) at 1:30 p.m. CT, Sarah Pack and I will be speaking at State Bar of Texas Annual Meeting at the Hilton Anatole in Dallas, Texas on the topic referenced above. If you are available and in town, come check us out.
#SportsLaw#DennieSportsLaw#DFWSportsLaw#TexasSportsLawhttps://lnkd.in/g26BG8iE
C-Suite + Board Advisor, Corporate Officer, Commercial Attorney, Litigator & People Leader - Skilled in Crisis Management and tailoring legal strategy to core business objectives
To me, the most surprising aspect of the Court’s historic Presidential immunity decision is that no one joined in Justice Barrett’s concurring opinion. Unlike the majority holding in Part III-C, Justice Barrett would not “limit[] the introduction of protected conduct as evidence in a criminal prosecution of a President [for unofficial conduct], beyond the limits afforded by the executive privilege.” Trump v. United States, No. 23-939, slip op. at 5 (S. Ct., decided July 1, 2024) (Barrett, J., concurring).
Giving practical effect to Justice Barrett’s evidentiary standard would result in a more measured delineation between the Office of the President and a monarchy – one mindful and in keeping with the axiom that absolute power corrupts absolutely – by curtailing a future President’s ability to “sanitize” unofficial criminal acts, or “insulate” prosecution from them, simply by implementing official channels (like the Department of Justice) to execute the crime itself or to engage in a cover up. As Justice Barrett’s concurring opinion states, “[t]he Constitution does not require blinding juries to the circumstances surrounding conduct for which Presidents can be liable.” Id. at 6.
Surprisingly, no other Justice joined her in that opinion. But had a single member of the majority done so, the Court’s holding on this important evidentiary issue would have been only a plurality decision.
C-Suite + Board Advisor, Corporate Officer, Commercial Attorney, Litigator & People Leader - Skilled in Crisis Management and tailoring legal strategy to core business objectives
Currently first in the bar member line for admission to today’s SCOTUS session.
HALANY is cosponsoring this Trailblazer event with the Federal Bar Association on 02/29/2024. You don't want to miss it!
RSVP by February 27, 2024 at secretary@fbasdny.org
Introducing: DL's BEST 2.0!
The Bar Exam is fast approaching and here are DivinaLaw Topnotchers to share their best practices.
Listen to Atty. Pio Vincent R. Buencamino, 8th placer of the 2023 Bar Exams, and his tip on creating an effective study schedule.
#DLsBEST#bartips
A planning principle designed to stop a repeat of rows like Night & Day’s court battle IS in a landmark blueprint for Greater Manchester https://lnkd.in/eTGGTEcH
Lawyering for the public good. Is an ethical duty. I will be arguing this at the International Legal Ethics Conference in Amsterdam next week. This article is an important sign of the leadership needed. Please read.
This is a really good article from Matt Lewis for beginning barristers. You may be older or younger, experienced or not so experienced -but his tips are exceptional. Well written.
#barrister#Bar#advocate#NSWBar#VicBar#court
Sydney barrister Matthew Lewis writes on what not to when starting at the bar -
I hail from God’s country – ‘Old’ South Wales.
After being called to the Bar over there and having developed a stronger-than-average enjoyment of Australian soap operas, I arrived in New South Wales in the hope of being transformed into a smoothie-drinking surf Adonis. Instead, I ended up at the NSW Bar. I have now been practising here for (gasp) 14 years.
To begin with, I had limited experience of how justice was administered here, but a few years after my admission I started to receive phone calls from colleagues. After they communicated their surprise that I managed to slip through the Bar Association’s careful filtering process, they asked me to chat to their readers about how I developed a practice here from nought. I think the theory was (and probably still is) that if this Welshman can sustain a practice at the NSW Bar, then anyone can. They might be right. Nevertheless, over time, I pulled together the fragments of those conversations and started to commit them to paper. So here they are.
What follows is less an account of how to develop a ‘successful practice’ (whatever that phrase means) and more a rough- and-ready guide about what not to do as you start your new career as a barrister at the NSW Bar.3 In other words, its aim is to expose how to be a bad reader. The theory is that it can be a useful exercise to explain how to approach things badly so new readers can navigate their way successfully.
Consequently, the bad reader.
See below or here >> https://lnkd.in/gMNVEciS
President at Sobol & Associates, Inc.
4moSuch an excellent idea. I would love to be a sponsor!!