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Australia Case Law

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Costs

Di Liristi v Yosef (No 3)

Costs determination after dismissal of an interlocutory restraint application. The plaintiff was ordered to pay the defendant’s and the Sadek Parties’ costs.

  • Interlocutory application
  • Solicitor restraint application
  • Notice to produce
  • Costs follow the event
  • Costs payable forthwith
  • Costs
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Administrative law

Chymiak v Fogg (No 2)

The Appeal Panel determined the appellant’s costs application on the papers and ordered the respondent to pay $1,143, holding r 38A applied to the internal appeal.

  • Costs
  • Internal appeal
  • On-the-papers determination
  • Tribunal procedure
  • Internal-appeal
  • On-the-papers-determination
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Civil procedure

WS v Secretary, Department of Communities and Justice

The Court of Appeal refused leave to appeal from summary dismissal of WS’s parens patriae summons, holding the proceedings were an abuse of process and vexatious.

  • Leave to appeal
  • Summary dismissal
  • Abuse of process
  • Parens patriae jurisdiction
  • Care and protection proceedings
  • Leave-to-appeal
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Planning and environment

Lane Cove Municipal Council v Wechsler (No 2)

The Court ordered the Respondents to pay the Council’s costs of the proceedings and of a stay motion, finding no basis to depart from the usual costs rule.

  • Costs follow the event
  • Civil enforcement proceedings
  • Stay application
  • Development consent
  • Costs
  • Costs-follow-the-event
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Negligence

Secretary, Department of Communities and Justice v Soulos

The New South Wales Court of Appeal dismissed an employer’s appeal in a negligence claim arising from a documentary, holding psychiatric harm was reasonably foreseeable.

  • Duty of care
  • Reasonable foreseeability
  • Psychiatric injury
  • Foreseeability of harm
  • Negligence
  • Psychiatric-injury
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Environment and planning

Godfrey v Wollondilly Shire Council

The Court of Appeal upheld the appeal in part, set aside broad injunctions and a costs order, and remitted the matter to rephrase injunctive relief and reconsider costs.

  • Construction of development consents
  • Injunctions
  • Civil enforcement
  • Costs
  • Fresh evidence on appeal
  • Environment-and-planning
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Probate

The Estate of the late Wilma Annette Pusterla

The Court ordered the plaintiff to pay the defendants’ costs in a probate dispute, ordinary basis to 5 September 2025 and indemnity costs thereafter.

  • Costs follow event
  • Indemnity costs
  • Offer of compromise
  • Will investigation circumstances
  • Probate litigation
  • Probate-costs
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Civil procedure

Commissioner of the Australian Federal Police v Yuan

Urgent ex parte asset-preservation orders were made to restrain and control corporate account funds suspected to be proceeds of money laundering.

  • Urgent ex parte hearing
  • Asset preservation
  • Restraining orders
  • Custody and control orders
  • Reasonable grounds to suspect
  • Money laundering
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Administrative law

Turner v Illawarra Shoalhaven Local Health District

The Tribunal affirmed most redactions in a GIPA access decision, remitted one document for further privilege determination, and affirmed that no further information was held.

  • Gipa access application
  • Overriding public interest against disclosure
  • Client legal privilege
  • Personal information
  • Health information
  • Reasonable searches
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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.