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Australia Case Law

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Planning and environment law

Cooper View Developments Pty Ltd v Woollahra Municipal Council

The Court upheld a Class 1 residential development appeal and granted consent for amended low- and mid-rise housing at Bellevue Hill, with agreed conditions and costs thrown away ordered.

  • Residential development appeal
  • Deemed refusal
  • Conciliation conference
  • Affordable housing
  • Low and mid-rise housing
  • Basix
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Torts

Zou v Ji

The Court held that the second defendant engaged in misleading or deceptive conduct by passing on a false invoice and oral representations about a direct JBX supply relationship.

  • Misleading or deceptive conduct
  • Deceit
  • Damages
  • Reliance
  • Agency
  • Apportionment of liability
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Industrial relations

MacKay v Volkanik Pty Ltd

The Commission held Volkanik Pty Ltd was an entertainment industry hirer and dismissed its jurisdictional objection, finding the dispute arose from recorded performances.

  • Jurisdiction under s 20 of the entertainment industry act 2013 (nsw)
  • Entertainment industry hirer
  • Performer
  • Performer representative
  • Recorded performances
  • Royalties and accounting
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Criminal law

R v Baziad (No 3)

Gofal Baziad was sentenced for murdering Jason Palmer in 2004. The Court imposed 18 years non-parole and a total term of 24 years, finding the case serious but not extreme enough for life.

  • Murder
  • Circumstantial evidence
  • Standard non-parole period
  • Objective seriousness
  • Motive and jealousy
  • Delay in prosecution
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Occupational regulation

Maher v Nursing and Midwifery Board of Australia

The Tribunal confirmed the refusal of Marian Maher’s nursing registration application, finding she did not meet any English language pathway under the registration standard.

  • English language registration standard
  • Refusal of registration
  • Primary language pathway
  • Extended education pathway
  • English language tests
  • Costs
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Planning and environment

Cartledge v Dhadlie

Neighbouring-tree dispute under the Trees Act. The Court ordered limited pruning and access arrangements, but required the applicant to pay for the works.

  • Neighbouring trees
  • Tree pruning orders
  • Likelihood of damage to property
  • Costs of works where applicant contributed to damage
  • Access to land for tree works
  • Neighbouring-trees
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Criminal law

Morris v R

The Court of Criminal Appeal dismissed a new-evidence ground but held the state aggregate sentence was manifestly excessive and resentenced the applicant.

  • Manifest excess
  • Domestic violence offences
  • Totality principle
  • Fresh or new evidence
  • Miscarriage of justice
  • Bugmy factors
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Planning and environment law

Mackenzie Architects International Pty Ltd v Ku-ring-gai Council

The Court upheld the appeal by agreement, granted consent for a seven-townhouse development at Killara, and ordered $24,600 costs thrown away against the applicant.

  • Development consent
  • Conciliation conference
  • Multi-dwelling housing
  • Costs thrown away on amendment
  • Environmental planning and assessment act 1979 (nsw)
  • Development-consent
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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.