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Australia decisions
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The Court upheld a Class 1 appeal over a staged community title subdivision in Yamba, finding flooding, evacuation and climate-change risks were adequately addressed.
The Court appointed trustees for sale under s 66G of the Conveyancing Act, rejecting arguments based on an alleged quasi-proprietary spouse claim and pending Succession Act proceedings.
The Supreme Court of New South Wales made gross sum costs orders of $4,500 in each proceeding after dismissing the plaintiffs’ summary judgment motions.
On a Class 1 development appeal, the Court upheld the appeal by agreement and granted consent for an eight-storey residential flat building at Beverley Park.
The Appeal Panel dismissed a tenant’s internal appeal about repair orders, holding the matters were properly heard together and there was no procedural unfairness.
The High Court held that adverse credit findings at a liability stage did not, without more, justify recusal from the penalty stage for apprehended bias.
The High Court held that visa conditions requiring electronic monitoring and a curfew were valid as protective measures, not punitive judicial power.
The Tribunal affirmed the refusal of a working with children check, finding the applicant’s recent domestic violence history, ADVOs and limited rehabilitation showed a real risk to children.
The High Court allowed an application to recall and amend orders, correcting an obvious omission so the costs issue could be remitted.
The High Court held that New South Wales aggregate sentencing could not be applied to Commonwealth offences attracting a mandatory minimum sentence under s 16AAA.
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