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Australia Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Australia decisions

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Constitutional law

Lees v State of New South Wales

Mitchelmore J held that s 200(5) of LEPRA impermissibly burdened the implied freedom of political communication and was invalid.

  • Implied freedom of political communication
  • Move-on directions
  • Freedom of religion and places of worship
  • Proportionality
  • Statutory construction
  • Implied-freedom-of-political-communication
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Occupational discipline

Health Care Complaints Commission v Golowenko

The Tribunal cancelled Dr Golowenko’s registration for admitted professional misconduct involving boundary violations, unsafe prescribing and poor records, with a six-month non-review period.

  • Medical practitioner misconduct
  • Boundary violations
  • Professional misconduct
  • Unsatisfactory professional conduct
  • Protective orders
  • Cancellation of registration
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Planning and environment law

Speed Gas Pty Ltd v Northern Beaches Council

In a Class 1 planning appeal, the Court upheld Speed Gas Pty Ltd’s appeal and granted development consent for a gas storage and distribution facility at Brookvale.

  • Development application
  • Designated development
  • Conciliation conference
  • Development consent
  • Environmental assessment
  • Flood planning
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Liquor licensing

Hurlstone Park Hotel Operations Pty Limited v Independent Liquor and Gaming Authority

The Supreme Court granted leave to appeal on a liquor licensing standing issue, but dismissed the substantive appeal and a related costs appeal.

  • Standing to seek review of refusal of extended trading authorisation
  • Standing to appeal in ncat
  • Successive licensees
  • Statutory construction
  • Tribunal dismissal for proceedings lacking substance
  • Costs in ncat and supreme court
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Criminal law

R v SH

Sentencing of a 17-year-old for attempting to possess a commercial quantity of imported methamphetamine. Custody was imposed, but an immediate recognizance release order followed.

  • Attempt to possess a commercial quantity of an unlawfully imported border controlled drug
  • Young offender sentencing
  • Guilty plea
  • Rehabilitation
  • Mental health mitigation
  • Delay in sentencing
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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.