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Australia Case Law

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Planning and environment law

Sukkar v Inner West Council

Class 1 appeal from deemed refusal of an amended development application resolved on a s 34 conciliation agreement, with consent granted subject to conditions.

  • Deemed refusal
  • Amended development application
  • Affordable housing
  • Conciliation conference
  • Development consent
  • Existing use rights
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Planning and environment law

Fischer v Central Coast Council

The Court upheld Mr Fischer’s class 1 appeal and granted consent for an attached dual occupancy at Ettalong Beach after a conciliation conference and amended plans.

  • Development application
  • Dual occupancy
  • Conciliation conference
  • Flooding
  • Acid sulfate soils
  • Essential services
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Costs

New South Wales Aboriginal Land Council v Minister Administering the Crown Land Management Act (“Leeton Courthouse claim”) (No 2)

The Court ordered the Minister to pay NSWALC’s costs on the ordinary basis in a Class 3 Aboriginal land rights appeal, but refused indemnity costs.

  • Whether costs should follow the event in class 3 aboriginal land rights appeal proceedings
  • Whether the court’s costs power is sourced in s 98 of the civil procedure act 2005 (nsw)
  • Whether an offer of compromise justified indemnity costs
  • Effect of the courts and other legislation further amendment act 2011 and schedule 1 to the ucpr
  • Costs
  • Aboriginal-land-rights
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Civil procedure

Gazecki v Fell

The Court set aside a broad subpoena to police in a defamation case, finding no legitimate forensic purpose and treating it as an abuse of process.

  • Subpoenas
  • Abuse of process
  • Legitimate forensic purpose
  • Apparent relevance
  • Costs
  • Abuse-of-process
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Planning and environment law

RB656 Holdings Pty Ltd v Woollahra Municipal Council

The Court upheld the development appeal and granted consent for a five-storey shop-top housing project in Rose Bay after the parties reached agreement at conciliation.

  • Development appeal
  • Shop top housing
  • Infill affordable housing
  • Conciliation conference
  • Development consent
  • Non-compliance with development standards
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Civil procedure

Lyon v Professional Standards Council of New South Wales

The Court made a protective costs order capping any costs order against the plaintiff at $25,000 in proceedings challenging a professional standards scheme.

  • Protective costs order
  • Maximum costs order
  • Public interest litigation
  • Standing
  • Professional standards scheme
  • Protective-costs-order
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Planning and environment

Zhu v Hergol Holdings Pty Ltd

The Court made consent orders requiring the respondent to remove two trees, arrange an arborist, grant access, and pay $2,640 compensation for roof damage.

  • Trees (disputes between neighbours) act 2006
  • Tree removal
  • Property damage by trees
  • Conciliation conference
  • Compensation for damage
  • Trees-disputes-between-neighbours-act
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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.