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Australia Case Law

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Administrative law

Efremov v NSW Health Administration Corporation

The Appeal Panel allowed the appeal, finding procedural unfairness in the admission of late evidence and error in the treatment of demonstrable importance under the GIPA Act.

  • Procedural fairness
  • Unreasonable and substantial diversion of resources
  • Related access applications
  • Leave to appeal
  • Discretionary error
  • Demonstrable importance of information to applicant
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Administrative law

Zaman Greenacre Pty Ltd v Antoun (No 2)

The Tribunal made further directions in a contempt referral matter, dispensing with a hearing and deferring final determination pending the outcome of the appeal.

  • Procedural fairness
  • Dispensing with hearing
  • Stay of proceedings
  • Appeal pending
  • Contempt referral order
  • Service and notice
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Civil procedure

Houston v Shiels (No 2)

The Court dismissed the Second Plaintiff’s claim for no reasonable cause of action under r 13.4(1) and ordered him to pay the Defendants’ costs.

  • Summary dismissal
  • No reasonable cause of action
  • Frivolous and vexatious proceedings
  • Costs
  • Summary-dismissal
  • No-reasonable-cause-of-action
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Administrative law

Hogan v Wood

The Tribunal dismissed a contempt referral application over alleged non-production of strata documents, finding no admissible proof the missing documents existed or were within the respondent’s control.

  • Failure to comply with summons
  • Referral for contempt
  • Production of documents
  • Possession or control of documents
  • Costs directions
  • Contempt
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Administrative law

Adams v Hornsby Shire Council

The Tribunal set aside a Council GIPA decision and remitted it because the evidence did not address the hard copy archive, leaving searches unresolved.

  • Gipa access application
  • Reviewable decision
  • Reasonable searches
  • Information not held
  • Tribunal remission
  • Gipa-access-application
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Revenue law

Graeme Neil Allott v Chief Commissioner of State Revenue

The Tribunal dismissed an administrative review of a transfer duty assessment, holding the de facto separation deed did not satisfy the Family Law Act exemption and interest was properly imposed.

  • Transfer duty
  • Interest remission
  • De facto relationship property transfer
  • Binding financial agreement
  • Statutory interpretation
  • Transfer-duty
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Leases and tenancies

Baker v Rowell; Rowell v Baker

The Appeal Panel allowed Ms Baker’s appeal, dismissed Mr Rowell’s appeal, and remitted the tenancy dispute. It also refused a pseudonym order and made a limited confidentiality order.

  • Residential tenancy agreement
  • Offer and acceptance
  • Implied agreement
  • Exclusive occupation
  • Extension of time to appeal
  • Suppression and confidentiality orders
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Environment and planning

Secretary, Department of Planning, Industry and Environment v Balmoral Farms Pty Ltd; Secretary, Department of Planning, Industry and Environment v JP & LR Harris Pty Ltd; Secretary, Department of Planning, Industry and Environment v Woolondoon Pty Ltd; Secretary, Department of Planning, Industry and Environment v Phillip John Harris; Secretary, Department of Planning, Industry and Environment v Sue Ellen Harris

The Court determined linked native vegetation clearing prosecutions, accepting key aerial and ecological evidence in part and finding some charges proved beyond reasonable doubt.

  • Native vegetation clearing
  • Landholder liability
  • Regulated rural land
  • Evidentiary certificates
  • Expert evidence
  • Browne v dunn
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Administrative law

Lee v Commissioner for Fair Trading

The Court dismissed a judicial review challenge to a search warrant and related licensing decisions, finding the warrant claim out of time and the proceedings otherwise futile.

  • Judicial review
  • Search warrant
  • Extension of time
  • Administrative review
  • Strata management licences
  • Liquidation
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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.