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2 Serious traffic crash, Duingal, September 22 Around 8.15am a teenage motorcyclist lost control and was thrown from her bike while travelling on a private road. The girl was transported to Bundaberg hospital with seri- ous head injuries. Fatal trafc crash, Nandi, September 23 A 43 yr-old man has died fol- lowing a collision between a utility and a van 5 kms west of Dalby. The 17 yr-old female passenger in the van, was transported to Dalby Hospital, then airlifted to PAH where she later died. The driver and passenger of the utility were unharmed. Fatal trafc crash, Mirani, September 20 A man in his 30’s died after failing to negotiate a bend on Mirani-Eton Road and was thrown from the motorcycle at around 6am. Fatal trafc crash, Bells Bridge, September 23 At around 12.25pm a vehicle was travelling west on the Wide Burnett Highway north of Gympie, when it left the road and collided with a tree near the intersection of Percival Road. The driver and sole oc- cupant of the vehicle was pro- nounced dead at the scene. Fatal crash, Minden, September 26 A 70 yr-old man died while riding a bicycle north along Lowood Minden Road when he collided with a vehicle also travelling north at around 2.20pm. The rider suffered critical injuries and was trans- ported to PAH where he later died. Serious trafc crash, Curra, September 26 Around 3.20am a utility trav- elling south on the Bruce Highway collided with the load being hauled on a wide load transport – a removal house - travelling in the opposite direction. The male driver of the utility was transported to Gympie Hospital in a serious condition. A Yepoon parishioner has been refused a “free speech” bid to permit pam- phlet distribution criticising the theology being preached by the pastor of his local Methodist Church. Te parish objected to his brochures that connect- ed the 9/11 twin towers at- tacks to imperfect religious instruction and praised Russian president Vladimir Putin “as an exemplar of Christian values”. Removed by police on two occasions aer being denied entry, Ron Gallagher led a claim against parish board members requiring he be permitted “to pass freely without let or hindrance into the sanctuary” of their premises and for an order disallowing their “edict of suppression made in disre- gard of the God-given privi- lege of freedom of speech”. Te court ruled against Gallagher’s argument that article 9 of the English Bill of Rights of 1688 contained a speech freedom guarantee as argued. Such freedom and the limited “implied constitu- tional right to communicate on government and political matters” recognised by Aus- tralia’s High Court were ir- relevant, so ruled the court, to his ouster. No one had taken steps to prevent Gallagher’s pam- phlet distribution else- where, they objected only to him so doing on the church premises. As a regular member of the church’s congrega- tion (but not a member of the church itself), he was merely a licensee whose right to enter could be re- voked – at will – by the property owners or the parish board as the owner’s representative. And in the case of a place or worship, a person’s right to enter was in any event subject to a legally recognised qualification that he or she must “behave in reasonable conformity with the requirements of the religion in which he was participating”. Gallagher simply had no legal or equitable right to be on the church’s prop- erty for any purpose once informed he was no longer welcome. Te court also noted the somewhat obscure Crimi- nal Code oence of engag- ing in conduct that “caused disquiet or disturbed” persons assembled for re- ligious worship, was pun- ishable by a $10 ne and in more serious cases, by im- prisonment. Law decides rights at church, not god A Cairns solicitor who followed instructions that countermanded an ear- lier “irrevocable” direction to pay a clients’ house sale proceeds to clear a $200k loan debt, has been sued by the creditor for ignoring the earlier direction. Gordonvale couple, Shar- na and Hans Rauch had ne- gotiated a resolution of a retail lease dispute by persuading their landlord to accept an irrevocable authority directed to the solicitor to pay the debt to its lawyers from the proceeds of sale of their home. Te authority was not required to be signed by the debtors’ Graon St solici- tor Robin Smith, who they also engaged when a sale of their home was signed up at $495k, 18 months later in February 2007. Just before settlement the couple instructed Smith to direct the buyers to pay the net proceeds of $215k – af- ter payment of sale expenses and mortgage debt - into their own Westpac account. Tey cautioned Smith not to forewarn his nearby colleagues,Williams Gra- ham Carman who repre- sented the landlord. Discovering it had been le high and dry, FV Hold- ings – a Melbourne based commercial property devel- oper – pursued the Rauchs but recovered just $33k out of their bankrupt estates. FV turned to Smith personally to pay the $182k shortfall for allegedly facili- tating the sellers’ breach of contract and breach of trust. Te Supreme Court ruled the irrevocable au- thority was a binding con- tract but that the breaches were those of the sellers. Smith had not been a trus- tee and was not otherwise liable in equity or at law because the settlement pro- ceeds did not pass into his possession. On appeal, further caus- es of action were argued. Accepting that the sellers owed a duciary duty by reason of the irrevocable authority – arising from the promise to pay out of a specic fund coming into their hands – the court had to decide the solicitor’s re- sponsibility for having par- ticipated in their breach by merely complying with their instructions. Smith – ruled the appeal judges - was in the category of a “stranger” who could nevertheless be held equally liable with his clients, if his facilitation included receipt of the trust property; or his assistance was “dishonest or fraudulent”. Te appeal court was not prepared to allow such new allegations to be raised for the rst time on appeal. It dismissed FV’s appeal and ordered it to pay Smith’s costs of the trial and the ap- peal itself. Seller revokes direction to pay, solicitor sued by creditor Vladimir Putin: An exemplar of Christian values? For a small city, Cairns produces a lot of litigation
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