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Wednesday, May 19, 2021
A joint hearing between the Federal Court of Australia (FCA) and the High Court of NZ (NZHC) has broken new ground. In proceedings brought by the liquidators of Halifax Investment Services Pty Ltd (In Liquidation) (Halifax Australia) and Halifax New Zealand Limited (In Liquidation) (Halifax NZ), in the FCA and the NZHC respectively, the Courts delivered on 19 May 2021, contemporaneous judgments and made consistent orders after sitting together in a final hearing in December 2020.
Each Court delivered separate judgments after deliberating together about the principal issues before each of the Courts for resolution
(Kelly (Liquidator), in the matter of Halifax Investment Services Pty Ltd (in liquidation) v Loo [2021] FCA 531;
Terrorism conviction upheld as High Court rules married couples can commit conspiracy together
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Alo-Bridget Namoa was convicted of conspiring to commit a street attack on non-Muslims.
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A Sydney woman found guilty of helping to plan a terror attack has lost her bid for her conviction to be overturned after the High Court dismissed her argument that a married couple could not conspire.
Key points:
Alo-Bridget Namoa claimed that a wife was immune from the charge of conspiracy with a husband, based on common law
But the High Court confirmed if that ever was the historical position of the law, it was no longer the case
The difficult gap between general and personal advice: Practical implications for advisers
In May 2019, ASIC released its
Mind the Gap report on financial advice, which explained that many consumers – that is, retail clients – are confused by the important distinction between general and personal advice.
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Under the
Corporations Act 2001, ‘personal advice’ considers the retail client’s objectives, financial situation and needs; alternatively, it is advice where a ‘reasonable person’ might expect the adviser to have considered one or more of those things. ‘General advice’ is advice that is not personal advice.
The distinction matters because financial advisers’ obligations vary depending on whether the advice is general or personal. Among other things, general advice requires a general advice warning, while in the case of personal advice, the adviser must provide a ‘Statement of Advice’. Advisers would be aware that personal advice demands more detailed
Will Jacqueline Gleeson join the High Courtâs dominant group?
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When Justice Jacqueline Gleeson took her seat on the High Court this week, all eyes were on the new judge. The band had broken up and it was looking for a new member.
For the past 12 years, the justice she replaced â Virginia Bell â has been the heart of the court. With Chief Justice Susan Kiefel and Justice Patrick Keane, Bell was also part of one of the more influential voting blocs in the courtâs history â now referred to as âKBKâ.
Reputation for collegiality: Justice Jacqueline Gleeson at her swearing in ceremony. Â