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Legal Commentary

The Legal Soapbox

Thoughts on law, motherhood, religion, society, politics

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Last Entry: May 07, 2008 at 19:29:46

Costs under a void costs agreement

Posted on February 14, 2008
The case of Equuscorp Pty Ltd v Wilmoth Field Warne (a firm) [2007] VSCA 280 deals with the question of legal costs under a costs agreement which was void by operation of statute, but in the event, the client was estopped from alleging that the agreement was void...

Blogging meme: Gimme three good reasons why you blog

Posted on February 12, 2008
I’ve been unwell the last few days, otherwise I would have written a few posts on different issues: students suing schools for lack of support with learning disabilities, apology to stolen generation, other things. But before I get to that, I thought I’d answer Bruce’s meme of 3 good reasons why I blog...

Blergh

Posted on February 12, 2008
Sorry to all who have been wondering where I have been. Unfortunately, the baby got gastro last week, and then I came down with it on the weekend. We are both better now. Normal posts will resume this week.

Dance of the seven robes

Posted on February 04, 2008
The title to this post could also be “Anything you can do, I can do better.” I’ve long believed that bickering and conflict between the three Abramic religions (Judaism, Christianity, Islam) is a bit like sibling rivalry, as I’ve said before, and the story below just confirms that belief...

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The Wedding Industry

Posted on January 28, 2008
I have been privileged to be involved in a few weddings lately as a bridesmaid (or, if you like, a matron of honour, although I don’t much like the thought of being “matronly”). On Saturday, I spent the day with one of my brides looking at bridal dress shops...

Clowns sicken young patients

Posted on January 16, 2008
I’ve written posts before about my deep and abiding hatred of clowns. Once on a plane, that movie Patch Adams was showing, featuring Robin Williams as an unconventional doctor who wears a clown outfit. I tried to keep my eyes closed for most of it after I saw him wearing long shoes and a red [...

Monkey business no laughing matter

Posted on January 11, 2008
This rather offensive picture comes from Josiah Clark Nott and George Robert Gliddon, Indigenous races of the earth (First published 1857). It illustrates scientific theories of racism in the 19th century, which continued into the early 20th century. Essentially, the theory is that Aryan “races” are superior in evolutionary terms to Black “races”, and that [...

For the love of Chris

Posted on January 08, 2008
Possibly I shouldn’t laugh. But I got a hilarious spam e-mail today, and I can’t help reproducing it for you too: Dear Beloved In Chris i am mrshelen david brown the wife of fomer ministre of agricuture in sudan here in africa, i know that you may not believe my story becuse of what is happening in [...

Waxing lyrical

Posted on January 07, 2008
Perhaps I’m old-fashioned, but I’ve never understood the appeal of the Brazilian wax. In fact, I’m a bit disturbed by the thought that there might be guys out there who prefer women to be hairless. Do these guys like to imagine that the woman is very young? Erk...

Reflection on good fortune

Posted on January 05, 2008
Last night, I went to a friend’s hen’s night, and after dinner, we went out dancing. I am not sure how many years it is since I have done something like that…a long time, to be sure. Anyway, I caught a taxi home, and my driver was a Somalian man of about my age...

What, no Bertha?

Posted on January 03, 2008
According to the Brisbane Times, the top ten girls’ names of 2007 are: 1: Ella (419 born) 2: Charlotte (340) 3: Mia (321) 4: Emily (312) 5: Isabella (307) 6: Chloe (301) 7: Sophie (254) 8: Ava (253) 9: Lily (239) 10: Olivia (232) We almost called our daughter Ella, but�I’m glad that we didn’t in light of this list...

Who?d be a polly?

Posted on January 03, 2008
Not me, for sure. I’m far too clumsy. In fact, I am known for the stories of my clumsy adventures, although I haven’t had one in a while (touchwood). Not since I dropped my office key down the lift shaft at work over a year ago. Therefore I felt quite sorry for Julia Gillard today given [...

Rights or wrong?

Posted on January 01, 2008
When I was younger, I was very taken with the idea of a Charter of Rights for Australia. I simply couldn’t fathom the fact that Australia didn’t have certain rights in its Constitution. But now that I’m older, I’m not so sure that a Charter of Rights is the panacea for all ills in society...

Like a wounded bull

Posted on December 22, 2007
Stephen Warne has drawn my attention to an interesting article in Justinian, a subscription only journal for lawyers. In the article, the author draws a comparison between pirate ships and law firms: US economics professor Peter Leeson…recently wrote a paper on The Law and Economics of Pirate Organization...

No wonder I cancelled my subscription to The Age

Posted on December 19, 2007
I’ve been a bit out of it lately; no time to read blogs or newspapers much. And I cancelled my subscription to The Age when we moved hoise. Why? Because they keep publishing stupid opinion pieces by authors like Catherine Deveny and Tracee Hutchison...

Plagiarist law students, beware?

Posted on December 17, 2007
A friend sent me this interesting case, Re Legal Profession Act 2004; re OG, a lawyer [2007] VSC 250. It concerns both fitness�to practice law and plagiarism at university. In my first year of teaching, I was shocked to come across what appeared to be plagiarism (material�which seemed to have been copied verbatim�from the Internet)...

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