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Australia Case Law

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Administrative law

HTB v Secretary, Department of Communities and Justice

The Tribunal affirmed a GIPA refusal over child protection information, finding the withheld material was covered by s 29 of the Care Act and therefore protected by a conclusive presumption against disclosure.

  • Gipa access application
  • Conclusive presumption against disclosure
  • Confidential child protection reports
  • Partial access and redaction
  • Tribunal confidential hearing
  • Gipa-access
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Civil procedure

Abedin v Joty and Anor

The Court dismissed proceedings after finding a signed memorandum of understanding required the plaintiff to discontinue or dismiss the case. Costs were ordered on both sides.

  • Dismissal of proceedings
  • Settlement agreement
  • Costs
  • Self-represented litigant
  • Leave for lay assistance
  • Civil-procedure
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Trees disputes

Angel v Pemberton

The Court refused a Pt 2A trees application about a bamboo hedge, finding no severe sunlight obstruction to the nominated windows.

  • High hedges
  • Sunlight obstruction
  • Neighbor disputes
  • Jurisdiction under pt 2a trees (disputes between neighbours) act 2006
  • Trees-disputes
  • High-hedges
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Administrative law

Jenkins v Commissioner of Police, NSW Police Force

The Tribunal affirmed the refusal to release firearms policy meeting documents, finding disclosure could harm intergovernmental relations, deliberations, law enforcement functions and some material was exempt.

  • Gipa
  • Overriding public interest against disclosure
  • Confidential information
  • Deliberative process
  • Law enforcement information
  • Intergovernmental relations
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Construction law

Built Pty Ltd v State of New South Wales

The Court held that the $500,000 expert-determination threshold in GC21 applies to each Issue separately, stayed the barred claims, and ordered costs forthwith.

  • Expert determination
  • Stay of proceedings
  • Contract construction
  • Waiver
  • Costs of interlocutory application
  • Expert-determination
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Health law

Health Care Complaints Commission v Flanagan

The Tribunal found a psychologist engaged in sexual boundary violations and confidentiality breaches with a former patient, cancelled his registration, and imposed a two-year non-review period.

  • Unsatisfactory professional conduct
  • Professional misconduct
  • Sexual boundary violations
  • Confidentiality and patient records
  • Cancellation of registration
  • Costs
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Land law

PINN 386 Pty Ltd v The Owners – Strata Plan No 67607

The Court granted leave to appeal but dismissed all grounds, holding s 162 of the Strata Schemes Management Act applied and the Appeal Panel’s orders stood.

  • Statutory interpretation
  • Insurance premiums
  • Owners corporation insurance obligations
  • Strata management statement
  • Appeal panel jurisdiction
  • Costs
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Defamation

Kelly v Perish

The District Court refused an adjournment and subpoena, found serious harm under s 10A of the Defamation Act 2005 (NSW) was not established, and dismissed the defamation case.

  • Serious harm threshold
  • Identification
  • Publication
  • Adjournment
  • Subpoena
  • Costs
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Anti-discrimination law

Hardin v Warrumbungle Shire Council

Leave to proceed was refused in a disability discrimination and victimisation complaint against Warrumbungle Shire Council.

  • Disability discrimination
  • Victimisation
  • Goods and services
  • Leave to proceed
  • Complaint lacking in substance
  • Disability-discrimination
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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.