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Australia Case Law

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Civil procedure

Moussa v Camden Council (No. 9)

The Court appointed a contradictor for settlement approval in a representative proceeding, citing heavy deductions from the settlement sum and the need to protect absent group members.

  • Settlement approval
  • Contradictor appointment
  • Class action administration
  • Court supervision of settlement
  • Funding and legal costs deductions
  • Representative-proceedings
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Leases and tenancies

Kennedy v Caldareri

The Appeal Panel refused leave to appeal and dismissed an internal appeal about residential tenancy repairs, compensation, rent reduction, and fresh evidence.

  • Residential tenancies act 2010 (nsw)
  • State of repair
  • Loss of amenity
  • Compensation
  • Rent reduction
  • Leave to appeal
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Administrative law

HKC v Commissioner of Police, NSW Police Force

The Appeal Panel refused leave to appeal and dismissed an appeal from the refusal of an extension of time in GIPA review proceedings.

  • Leave to appeal from interlocutory decision
  • Extension of time
  • Reasonable excuse for delay
  • Procedural fairness
  • Statement of reasons
  • Costs
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Work health and safety

SafeWork NSW v Woodward Foods Australia Pty Ltd

Sentence for a Category 2 WHS offence involving a mill roller injury. The court imposed a $375,000 fine, an adverse publicity order and costs.

  • Category 2 whs offence
  • Plant safety
  • Adverse publicity order
  • General deterrence
  • Corporate offender sentencing
  • Fine allocation
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Arbitration

Qube Re Services (No 2) Pty Limited in its capacity as trustee of the Moorebank Industrial Terminals Assets Trust v Martinus Rail Pty Ltd

Partial arbitral awards were enforced as judgments. The Court held SOPA policy was not the kind of public policy that barred enforcement under s 36.

  • Enforcement of partial arbitral awards
  • Public policy objection to enforcement
  • Security of payment act policy
  • Interest on judgment debt
  • Costs of proceedings
  • Arbitration-enforcement
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Contract

Barel v Barel

The Court of Appeal dismissed an appeal about three alleged oral loan agreements between family members, upholding findings that they were repayable on sale of the Dover Heights property.

  • Oral loan agreements
  • Findings of fact
  • Witness credibility
  • Repayment terms
  • Limitation act 1969 (nsw)
  • Costs
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Civil procedure

Events by Lush Pty Ltd v Capital Securities Mortgages Pty Ltd

The Court of Appeal refused leave to appeal, finding no issue of principle or public importance and no reasonably clear error in the refusal to set aside default judgments.

  • Leave to appeal
  • Default judgment
  • Possession
  • Setting aside judgment or order
  • Unrepresented litigants
  • Overriding purpose
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Environment and planning

Daniels v Peers

Neighbour-tree dispute under the Trees Act: removal of three palms refused, but annual pruning orders were made for a juniper hedge to prevent future severe view obstruction.

  • Trees (disputes between neighbours) act 2006 (nsw)
  • Damage or injury caused by trees
  • Severe obstruction of view
  • Hedge pruning orders
  • Residential zoning jurisdiction
  • Trees-disputes-between-neighbours
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Administrative law

HKK v Commissioner of Victims Rights

The Tribunal set aside five victims support decisions and ordered recognition payments, but dismissed one claim involving alleged conduct by two children under 10.

  • Recognition payment
  • Act of violence
  • Documentary evidence under s 39
  • Anonymous saro reports
  • Primary victim
  • Injury verification
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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.