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Australia Case Law

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Planning and environment law

Ji Family Holdings Pty Ltd v Randwick City Council

The Court upheld the appeal after a conciliation conference and modified a development consent for a two-lot subdivision and demolition at Kingsford, with driveway changes.

  • Modification of development consent
  • Conciliation conference
  • Driveway layout
  • Modification-of-development-consent
  • Conciliation-conference
  • Driveway-layout
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Negligence

Pratt v Ditton

Employer negligence claim over a steel-beam crush injury succeeded. The Court found a breach of duty, no contributory negligence, and awarded $1,030,742.67.

  • Employer duty of care
  • Crush injury
  • Breach of duty
  • Causation
  • Contributory negligence
  • Assessment of damages
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Employment and industrial law

Nunes v Verinder

The Commission dismissed a teacher’s stop-bullying application, finding only two incidents arguably unreasonable and not repeated bullying under the Act.

  • Bullying
  • Public sector
  • Teachers
  • Stop bullying orders
  • Employment-law
  • Workplace-bullying
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Environment and planning law

Deva v Lu

Costs dispute in Class 4 proceedings over a complying development certificate and alleged building damage ended with no order as to costs.

  • Complying development certificate
  • Judicial review
  • Civil enforcement
  • Consent orders
  • No order as to costs
  • Reasonableness of commencement
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Equity

Prangemeier v Prangemeier

The Court applied the forfeiture rule after finding the first defendant unlawfully killed the deceased, and ordered the estate administered as if he had predeceased her.

  • Forfeiture rule
  • Murder by beneficiary
  • Joint tenancy
  • Constructive trust
  • Will construction
  • Estate administration
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Planning and environment

McCourt v Mosman Municipal Council

The Court dismissed objectors’ joinder application in a Class 1 planning appeal, finding the visual impact and view loss issues were already before the Court.

  • Joinder
  • Costs
  • Visual impact
  • View loss
  • Conciliation process
  • View-loss
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Torts

Radovanovic v Workers Compensation Nominal Insurer

The plaintiff succeeded in a work injury damages claim after a lift malfunction caused jarring injuries. Damages were assessed at $871,284, with judgment for $315,438.30 after set-off.

  • Work injury damages
  • Negligence
  • Credibility of evidence
  • Loss of earning capacity
  • Superannuation loss
  • Fox v wood damages
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Employment and industrial law

Smith v Secretary, NSW Department of Education

The Commission dismissed a motion to dismiss an unfair dismissal claim, finding the parties reached only an in-principle settlement, not a binding agreement.

  • Unfair dismissal
  • Conciliation settlement
  • Binding agreement
  • Deed of release
  • Masters v cameron categories
  • Workers compensation carve-out
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Trees disputes between neighbours

Dolan v Hawker

The Court awarded $300 for fence damage caused by a neighbour’s red cedar, but declined orders concerning another tree said to risk future damage.

  • Compensation for damage caused by tree roots
  • Likely future damage from a tree
  • Apportionment of repair costs
  • Neighbouring trees application
  • Neighbouring-trees
  • Tree-root-damage
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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.