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Australia Case Law

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Criminal law

R v HAMMAD

Sentence for Commonwealth vaping and illicit tobacco offences. The offender received an aggregate 2 years 4 months by Intensive Correction Order.

  • Intensive correction order availability for commonwealth offences
  • Federal sentencing principles
  • Illicit vaping goods
  • Illicit tobacco offences
  • Proceeds of crime
  • Sentencing
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Costs

Michael Wilson & Partners Limited v Emmott (No 2)

The NSW Court of Appeal quantified earlier costs orders in gross sums of $8,500 and $9,500, and awarded $500 costs of the gross sum application in each proceeding.

  • Gross sum costs orders
  • Quantification of costs
  • Discretion under civil procedure act 2005 (nsw) s 98
  • Costs
  • Gross-sum-costs-orders
  • Quantification-of-costs
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Compulsory acquisition

Tallawong Ridge Pty Ltd v Blacktown City Council

The Court awarded Tallawong Ridge Pty Ltd $12,768,020 for compulsory acquisition compensation, finding the public purpose was public recreation and the underlying zoning was R2.

  • Just terms compensation
  • Public purpose
  • Market value
  • Underlying zoning
  • Disturbance compensation
  • Compulsory-acquisition
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Residential tenancies

Megan Thomson v City West Housing Pty Ltd

The Supreme Court of New South Wales granted a stay of NCAT termination and possession orders pending Thomson’s appeal, citing procedural fairness concerns and balance of convenience.

  • Stay pending appeal
  • Procedural fairness
  • Termination order
  • Order for possession
  • Balance of convenience
  • Stay-pending-appeal
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Planning and environment law

Bouzeid v Fairfield City Council

Class 1 development appeal upheld: consent granted for a two-storey childcare centre in Fairfield East, with conditions addressing ventilation, parking and acoustic impacts.

  • Centre-based child care facility
  • Acoustic impacts
  • Parking layout
  • Natural ventilation
  • Landscaping maintenance
  • Child ratios
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Administrative law

YQR v YQS

The Appeal Panel refused an application for costs after the appeal was withdrawn, finding no special circumstances under s 60 of the NCAT Act.

  • Special circumstances for costs
  • Internal appeal
  • Meaning of proceedings in s 60 ncat act
  • Dispensing with hearing on the papers
  • Tribunal-costs
  • Special-circumstances
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Costs

Russo v The Owners - Strata Plan No 53188 (No 2)

La Appeal Panel desestimó la solicitud del apelante para que se le pagaran las costas de la apelación y decidió el asunto sin audiencia.

  • Internal appeals
  • Costs in the civil and administrative tribunal
  • Special circumstances
  • Dispensing with hearing
  • Internal-appeals
  • Tribunal-costs
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Commercial arbitration

Good Earth Oils Pty Ltd v Colossus Food Pty Ltd

The Court enforced a GTA arbitral award, rejecting objections about no arbitration agreement, scope, procedural fairness, public policy, and late new arguments.

  • Recognition and enforcement of arbitral awards
  • Arbitration agreement
  • Procedural fairness
  • Public policy
  • Leave to adduce further evidence and submissions
  • Arbitral-award-enforcement
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Planning and environment law

Holdmark NSW Pty Ltd v City of Ryde Council

The Court upheld a Class 1 development appeal after a s 34 conciliation conference and granted consent for a Torrens title subdivision at Macquarie Park.

  • Development consent
  • Subdivision
  • Conciliation conference
  • Integrated development
  • Flood planning
  • Stormwater management
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Civil procedure

Luo v Health Care Complaints Commission

The Court of Appeal dismissed Mr Luo’s appeal as incompetent because leave to appeal was required under s 101 of the Supreme Court Act and was not sought.

  • Leave to appeal
  • Monetary threshold
  • Incompetent appeal
  • Professional discipline
  • Costs
  • Leave-to-appeal
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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.