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Australia Case Law

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Health law

Health Care Complaints Commission v Dr Antwan Barich

The Tribunal found Dr Barich guilty of unsatisfactory professional conduct and professional misconduct, cancelled his registration, and imposed a two-year non-review period.

  • Medical practitioner conduct
  • Unsatisfactory professional conduct
  • Professional misconduct
  • Protective orders
  • Prescribing drugs of addiction
  • Record keeping
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Work health and safety

Richard Crookes Constructions Pty Ltd v SafeWork NSW

The Industrial Court dismissed RCC’s stay application, holding the summons was not duplicitous and that the alleged contraventions arose from the same factual circumstances.

  • Duplicity
  • Permanent stay
  • Section 233 of the work health and safety act 2011 (nsw)
  • Category 2 offence
  • Pleading particulars
  • Work-health-and-safety
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Contracts

Baxter v Willis (No 5)

The Court upheld a bookmaker’s debt claim for telephone betting losses, rejecting illegality and onus-of-proof arguments, and dismissing the defendant’s cross-claim.

  • Breach of contract
  • Debt recovery
  • Telephone betting
  • Illegality and enforceability
  • Onus of proof
  • Restitution
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Taxation

Stewart v Chief Commissioner of State Revenue

The Tribunal confirmed a land tax assessment, holding the Merewether Property did not qualify for the intended principal place of residence concession because the Coffs Harbour Property was the applicants’ actual home.

  • Land tax
  • Principal place of residence exemption
  • Unoccupied land concession
  • Joint owners
  • Family election under schedule 1a
  • Land-tax
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Contract

McDonagh Blake Properties Pty Limited v Peter Blake Investments Pty Limited & Peter Stewart Blake

The Court held there was no accord and satisfaction, the debt claim was not time-barred, and MBP could recover $900,000 against PBI only.

  • Accord and satisfaction
  • Acknowledgment/confirmation of cause of action
  • Buyer’s agent commission and agency agreement requirements
  • Liability of defendant under compromise agreement
  • Accord-and-satisfaction
  • Limitation-of-actions
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Administrative law

Roberto v The Owners – Strata Plan No 60346 t/as Tin Shed

The Appeal Panel dismissed an application for a stay and the first respondent’s costs application, finding no basis for a stay and no special circumstances for costs.

  • Costs in tribunal proceedings
  • Stay applications
  • Interlocutory appeals
  • Special circumstances for costs
  • Functus officio
  • Self-represented litigant conduct
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Mortgages and securities

Australian Mortgage Finance Services Pty Ltd v Patel

The Supreme Court ordered possession to the mortgagee, dismissed the Patels’ cross-claim, and held the loan terms were not unconscionable, unfair, or unjust.

  • Possession of land by mortgagee
  • Unconscionable conduct
  • Unfair contract terms
  • Unjust contracts
  • Guarantor and mortgage documentation
  • Indemnity costs
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Planning and environment law

Segco Pty Ltd ATF The GNS Trust v Wollongong City Council

Class 1 planning appeal upheld by agreement after conciliation conference, with development consent granted for subdivision, housing and wastewater works at Clifton.

  • Development consent
  • Subdivision
  • Multi dwelling housing
  • Onsite wastewater management system
  • Conciliation conference
  • Voluntary planning agreement
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Planning and environment law

Andrew Simmons Pty Limited v Inner West Council

A Class 1 appeal against a development control order was upheld by consent, with the order modified to reflect the parties’ agreed fire safety measures.

  • Development control order
  • Fire safety order
  • Conciliation conference
  • Class 1 appeal
  • Modification of order
  • Development-control-order
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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.