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Australia Case Law

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Human rights

HYH v University of Wollongong (No 3)

The Tribunal dismissed interim orders sought by HYH against the University of Wollongong, rejected summary dismissal, and made limited non-publication orders.

  • Interim orders under section 105 of the anti-discrimination act 1977 (nsw)
  • Summary dismissal under section 55(1)(b) of the civil and administrative tribunal act 2013 (nsw)
  • Non-publication and non-disclosure orders
  • Res judicata
  • Issue estoppel
  • Functus officio
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Anti-discrimination

Goldman v Inner West Council

The Tribunal dismissed Ms Goldman’s sex discrimination complaint against Inner West Council and her victimisation complaint against Mr Ryan.

  • Sex discrimination in recruitment
  • Victimisation
  • Merit-based selection
  • Circumstantial evidence
  • Compensation
  • Sex-discrimination
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Planning and environment law

Appwam Pty Ltd v Burwood Council

The Court upheld a development appeal and modified a consent for a mixed-use boarding house and retail project after the parties reached agreement at conciliation.

  • Development consent modification
  • Substantially the same development
  • Conciliation conference
  • Mixed use development
  • Boarding house
  • Retail premises
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Civil procedure

Amin Homes Hadiqat Woolgen Pty Ltd v Anwar

Pike J fixed Birchgrove Legal’s subpoena compliance costs at $9,110 and ordered each side to bear its own costs of the motion over access to subpoenaed documents.

  • Costs of compliance with subpoena
  • Privilege claims over subpoenaed documents
  • Subpoena access to documents
  • Necessary party to motion
  • Assessment of reasonable loss or expense
  • Costs
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Strata law

Hadley v The Owners Strata Plan No 30558

The Appeal Panel held J Hadley was denied procedural fairness in her damages claim and allowed the appeal, setting aside the Tribunal’s orders and remitting the matter.

  • Appeal from tribunal decision
  • Procedural fairness to self-represented litigant
  • Leave to rely on late affidavit
  • Compensatory damages under s 106(5) ssma
  • Remittal for rehearing
  • Procedural-fairness
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Criminal law

R v Molnar

Crown appeal against sentence allowed after the Court held an intensive correction order was not available for a federal child abuse material offence.

  • Intensive correction order availability for federal offences
  • Corresponding case under state law
  • Manifest inadequacy
  • Remittal for resentencing
  • Child abuse material
  • Sentencing
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Mercantile law

SPV Capital Pty Ltd v Bhatt & Anor

Commercial lender’s claim upheld after default judgment; defendants’ cross claim alleging penalty, unconscionability and misleading conduct was dismissed.

  • Commercial loan agreements
  • Default judgment
  • Cross claim
  • Penalty clause
  • Unconscionability
  • Misleading and deceptive conduct
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Australia decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.