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Australia Case Law

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Planning and environment

St Wanas Coptic Orthodox Church v Canterbury Bankstown Council

Class 1 development appeal upheld after conciliation; consent granted for a church and ancillary works at Belfield, with costs thrown away ordered against the applicant.

  • Development consent
  • Class 1 appeal
  • Conciliation conference
  • Architectural roof features
  • Height variation
  • Stormwater easement
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Building and construction

OPES Lifestyle Homes Pty Ltd v KMA Concrete Constructions Pty Ltd

Appeal Panel refused leave to appeal and dismissed OPES’s appeal, holding the alleged contract variation was sufficiently certain and the new points could not be run for the first time.

  • Contract variation
  • Certainty of terms
  • Consideration
  • Intention to create legal relations
  • Scope of appeal on question of law
  • Leave to appeal
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Corporations law

In the matter of Commercial Credit Holdings Limited (No 2)

The Court approved a scheme of arrangement for Commercial Credit Holdings Ltd after finding the convening orders were complied with and the statutory requirements were met.

  • Scheme of arrangement
  • Approval under s 411 of the corporations act 2001 (cth)
  • Ancillary orders
  • Exemption from s 411(11)
  • Scheme-of-arrangement
  • Corporations-law
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Planning and environment law

BWSLD Killara II Pty Ltd v Ku-ring-gai Council

The Court dismissed an appeal against refusal of a residential flat building at Killara, finding the proposal’s visual impact, character fit and landscaping response unacceptable.

  • Development application appeal
  • Residential flat building
  • Transport oriented development
  • Affordable housing uplift
  • Development standards
  • Deep soil and landscaping
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Child welfare

Adoption of Jing Xue

The Court declared George Smith to be Jing Xue’s birth father, found Jing to be an Aboriginal child, and held that adoption-related consultation and placement requirements were met.

  • Adoption
  • Parentage declaration
  • Aboriginal child placement principles
  • Voice of the child
  • Consultation requirements
  • Adoption plan
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Family law

The Adoption of Hazel Ava Olivia Finau

The Court ordered the adoption of Hazel Ava Olivia Finau by her foster carers, made a parentage declaration for Lucas, dispensed with consent, and approved a name change.

  • Best interests of the child
  • Declaration of parentage
  • Dispensing with parental consent
  • Change of name
  • Adoption plan registration
  • Permanency planning
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Administrative law

FZK v Department of Communities and Justice

The Appeal Panel refused recusal applications by both members, finding the appellant had not proven actual bias from prior decisions, costs orders, or missing reasons.

  • Disqualification
  • Bias
  • Actual bias
  • Recusal
  • Costs
  • Reasons for decision
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Corporations law

In the matter of Fernview Environmental Pty Ltd

The Court dismissed Begistics’ application to compel registration of a share transfer, finding Fernview had just cause because of a live priority dispute and M8 Holding’s instructions.

  • Share transfer registration
  • Rectification of register
  • Security interests in shares
  • Priority dispute
  • Refusal to register transfer
  • Share-transfer-registration
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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.