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Prepare a Case Note on the following case: Gallagher v Rainbow [1994] HCA 24; (1994) 179 CLR 624

Order Description

Prepare a Case Note on the following case:
Gallagher v Rainbow [1994] HCA 24; (1994) 179 CLR 624

Recommended headings:

1.) Briefly explain what is an “easement”.

2.) Case details (i.e. formal citation, court + judges sitting, history of case in the lower courts).

3.) Facts of the case.

4.) Issue(s) on appeal.

5.) Summary of the judgment (in this case it is a joint judgment; usually you would summarise each individual judge’s judgment).

6.) Ratio decidendi + important obiter dicta in the case.

7.) Discuss the importance this decision has for the law.

TIPS:
a) Read the actual case!!! Do not rely on articles (or, even worse, Wikipedia). It is recommended to read it more than once.
b) If you are able to access the case on the Commonwealth Law Reports, do so. Unlike Austlii, the CLR gives you the submissions put forth by both parties. This can clarify the case, and assist with the question of ‘importance to the law’.
c) Refer to legal textbooks to assist with your Case Note.

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