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Australia Case Law

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Civil procedure

Sweeten v Maher

The Industrial Court dismissed a s 106 unfair contract claim as an abuse of process, holding it repeated issues already settled in earlier proceedings.

  • Summary dismissal
  • Abuse of process
  • Relitigation
  • Settlement deed interpretation
  • Unfair contract under s 106
  • Summary-dismissal
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Administrative law

Janson v Department of Communities & Justice (No 2)

The Supreme Court granted a limited pro bono referral for a self-represented judicial review applicant, confined to advice, drafting and leave to amend.

  • Pro bono referral
  • Judicial review
  • Ucpr r 7.36
  • Ucpr pt 59
  • Impecuniosity
  • Strike out / summary dismissal application
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Civil procedure

SPV Capital Pty Ltd v Bhatt & Anor (No 2)

The Court amended earlier orders after identifying an erroneous set-off assumption, confirmed default judgment, dismissed the cross-claim, and assessed damages at $1,539,315.

  • Amendment of orders
  • Default judgment
  • Cross-claim
  • Set-off
  • Costs
  • Default-judgment
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Civil procedure

Wang v South Eastern Sydney Local Health District (No 2)

The Supreme Court dismissed the proceedings under r 31.36(3) because the plaintiff lacked clear standing, had no compliant expert evidence, and no real prospect of success.

  • Summary disposal
  • Dismissal of proceedings
  • Standing to sue
  • Letters of administration
  • Expert evidence
  • Death claim
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Civil procedure

Calokerinos v Madison Marcus Law Firm Pty Ltd

The Supreme Court dismissed an application to transfer District Court proceedings involving a legal costs claim and cross-claim, finding transfer was not necessary or appropriate.

  • Transfer of proceedings
  • District court jurisdiction
  • Cross-claim
  • Costs
  • Civil-procedure
  • Transfer-of-proceedings
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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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Costs assessment

DLaw Pty Ltd v Croft Developments Pty Ltd

The Court of Appeal refused leave to appeal in a costs-assessment dispute, holding the proposed challenge was too late, premature, and potentially without utility.

  • Leave to appeal
  • Judicial review
  • Amendment of costs assessment application
  • Utility of relief
  • Fragmentation of proceedings
  • Interim bills
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Civil procedure

Snaidero v Snaidero; Snaidero v Cater & Blumer Pty Ltd

The Court approved settlements in two linked proceedings involving Farm 16, approved a release of family provision rights, and ordered settlement funds paid to private trustees.

  • Approval of settlement for person under legal incapacity
  • Release of family provision rights
  • Payment of settlement monies to private trustees
  • Specific performance
  • Costs and dismissal orders
  • Approval-of-settlement
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Administrative law

Peak Manufacturing Pty Ltd t/as Metal Roofing Warehouse v A Network Production Engineering Pty Ltd t/as Auto Gates & Fencing

The Appeal Panel allowed an appeal, finding Peak was denied procedural fairness when it was not given the chance to respond to medical evidence supporting a set-aside application.

  • Procedural fairness
  • Set aside of decision made in absence of a party
  • Internal appeal
  • Ncat appeal powers
  • Procedural-fairness
  • Set-aside-of-decision-made-in-absence-of-a-party
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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.