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Australia Case Law

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Family law

The Adoption of Sylvia Forester (anonymised)

The Supreme Court of New South Wales made adoption orders for Sylvia Forester, dispensed with the birth mother’s consent, approved the surname Summers, and registered the adoption plans.

  • Adoption order
  • Consent dispense order
  • Best interests of the child
  • Adoption plan registration
  • Change of name
  • Adoption-order
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Planning and environment law

Lorbek Luxury Cars Pty Ltd v The Council of the City of Sydney

The Court dismissed Lorbek Luxury Cars’ appeal and refused consent for a 12.5m business identification sign at Rushcutters Bay, finding it excessive and visually cluttering.

  • Development consent
  • Signage
  • Design excellence
  • Visual clutter
  • Local environmental planning controls
  • Development-consent
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Property law

Arnaldi v Winters

The Court refused orders under both Part 2 and Part 2A of the Trees Act, finding no likely damage from the trees and no severe view obstruction.

  • Trees (disputes between neighbours) act 2006 (nsw)
  • Neighbouring trees
  • Damage to property
  • Root barrier
  • Obstruction of views
  • Hedges
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Civil procedure

YD Company Pty Limited v Daesungtas Pty Limited

The Supreme Court set aside a registrar’s leave to amend, holding the proposed pleading was irrelevant to the existing debt claim and transferring the matter to the District Court.

  • Pleadings
  • Amendment
  • Review of registrar’s decision
  • Transfer of proceedings
  • Pleading confession and avoidance
  • Review-of-registrar-decisions
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Planning and environment law

Rocks Property Group Pty Ltd v Mosman Municipal Council

Class 1 development appeal upheld, with consent granted for alterations and additions to a heritage dwelling in Mosman after clause 4.6 height and wall-height variations were accepted.

  • Development application appeal
  • Clause 4.6 variation
  • Height of building
  • Wall height
  • Heritage item
  • View sharing
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Civil procedure

Pridgeon v Commonwealth of Australia

The Court struck out Dr Pridgeon’s Equity Division statement of claim for lack of a reasonable cause of action, but allowed a timetable for a further draft.

  • Pleadings
  • Strike out
  • Amendment
  • Reasonable cause of action
  • Costs
  • Civil-procedure
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Planning and environment law

Yin v Woollahra Municipal Council

The Court upheld an appeal and granted development consent, by agreement at conciliation, for a dual occupancy at 4 Rawson Road, Rose Bay.

  • Development application
  • Dual occupancy
  • Conciliation conference
  • Development consent
  • Local environmental plan
  • State environmental planning policy
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Environment and planning

Hobart 44 Pty Ltd v Penrith City Council

The Court upheld the appeal by s 34 agreement and granted consent for amended multi-dwelling housing at 44 Hobart Street, St Marys, with conditions.

  • Development application refusal
  • Conciliation conference
  • Section 34 agreement
  • Conditions of consent
  • Amended development application
  • Development-application
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Administrative law

Faraj v Hanson

The Tribunal determined the jurisdiction issue on the papers and dismissed the proceedings, holding that hearing the complaint would involve impermissible federal jurisdiction.

  • Jurisdiction
  • Federal diversity jurisdiction
  • Religious vilification
  • Dispensing with hearing
  • Summary dismissal
  • Federal-diversity-jurisdiction
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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.