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Australia Case Law

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Administrative law

Islam v Commissioner of Police, NSW Police Force

The Tribunal dismissed an administrative review of a firearms prohibition order, finding the applicant was a disqualified person because of two prior apprehended violence orders.

  • Jurisdiction
  • Dismissal for want of substance
  • Disqualified person
  • Firearms prohibition order
  • Apprehended violence order
  • Firearms-licensing
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Compulsory acquisition

Mallia v The Hills Shire Council

The Court dismissed a motion by the respondent seeking leave to file amended compensation contentions and adduce contamination and quantity surveying evidence.

  • Amendment of pleadings/contentions
  • Case management
  • Expert evidence
  • Overriding purpose
  • Compensation claims
  • Compulsory-acquisition
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Civil procedure

TransAsia Private Capital Limited v Miller

The Supreme Court ordered payment out of AUD 50,000 held as security for costs after default judgment had been entered and the defendant did not appear.

  • Security for costs
  • Payment out of money paid into court
  • Default judgment
  • Service by email
  • Security-for-costs
  • Payment-out-of-court
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Administrative law

HYH v University of Wollongong (No 2)

The Tribunal partly granted suppression orders: HYH’s name was suppressed and Annexures D and E were withheld, but broader secrecy orders were refused.

  • Non-publication orders
  • Non-disclosure orders
  • Open justice
  • Confidential evidence
  • Suppression orders
  • Non-publication-orders
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Administrative law

Arise Solar Pty Ltd v Secretary, Department of Customer Service

The Tribunal granted a stay or interim order preserving Arise Solar’s contractor licence pending review, subject to a condition barring contracts over $20,000.

  • Stay or interim order
  • Renewal of contractor licence
  • Expired licence
  • Effect of s 42(3) of the home building act 1989 (nsw)
  • Administrative decisions review act 1997 (nsw) s 60
  • Administrative-review
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Environmental law

Save Wallum Incorporated v Bayside Brunswick Pty Ltd & Anor

Interlocutory injunction application dismissed. The Court held Save Wallum had not shown a prima facie BC Act offence or that the balance of convenience favoured restraint.

  • Interlocutory injunction
  • Threatened species
  • Habitat damage
  • Biodiversity conservation act 2016 (nsw)
  • Development consent
  • Balance of convenience
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Criminal law

R v Tynas

The District Court sentenced Bernard Tynas for Commonwealth child-sex offences and a NSW reporting breach, imposing 6 years 6 months effective aggregate imprisonment.

  • Commonwealth and state sentencing interaction
  • Child abuse material
  • Indecent transmission to a child under 16
  • Possession of child abuse material
  • Breach of child protection reporting obligations
  • Mandatory minimum sentences
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Planning and environment law

James v Sheridan

The Court refused a Pt 2A trees application about a Leyland cypress hedge in RU1 land, finding the Trees Act did not apply and no orders were needed.

  • Obstruction of views
  • Neighbouring hedge
  • Zoning and application of the trees (disputes between neighbours) act 2006 (nsw)
  • Severe obstruction
  • Orders to prevent future view obstruction
  • Tree-disputes
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Administrative law

Rosen v Louey

The Supreme Court granted leave to appeal, allowed the appeal, and remitted an NCAT consumer and commercial matter after finding procedural unfairness and error on materiality.

  • Procedural fairness
  • Hearing rule
  • Ncat internal appeal
  • Leave to appeal on question of law
  • Materiality of error
  • Ex parte hearing
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Environment and planning

Ornate Spencer 41 Pty Ltd v Woollahra Municipal Council

Class 1 appeal from deemed refusal of a residential flat building DA was upheld after a s 34 conciliation conference, with consent granted subject to conditions.

  • Development application
  • Conciliation conference
  • S 34 agreement
  • Conditions of consent
  • Non-discretionary development standards
  • Tree canopy
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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.