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Australia Case Law

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Contract

Ahmed v Phase Projects Pty Ltd

The Appeal Panel dismissed Farah Ahmed’s appeal and refused leave, upholding the Tribunal’s refusal of a refund, most damages claims, and CAD/copyright relief.

  • Breach of preliminary agreement
  • Leave to appeal
  • Weight of evidence
  • Causation and quantum
  • Fair and equitable orders
  • Cad files and copyright licence
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Strata law

Hadley v The Owners Strata Plan No 30558

The Appeal Panel held J Hadley was denied procedural fairness in her damages claim and allowed the appeal, setting aside the Tribunal’s orders and remitting the matter.

  • Appeal from tribunal decision
  • Procedural fairness to self-represented litigant
  • Leave to rely on late affidavit
  • Compensatory damages under s 106(5) ssma
  • Remittal for rehearing
  • Procedural-fairness
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Administrative law

FZK v Department of Communities and Justice

The Appeal Panel refused recusal applications by both members, finding the appellant had not proven actual bias from prior decisions, costs orders, or missing reasons.

  • Disqualification
  • Bias
  • Actual bias
  • Recusal
  • Costs
  • Reasons for decision
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Residential tenancies

El–Azzi v Bahsa

The Appeal Panel allowed amendment of the notice of appeal but dismissed an appeal about an adjournment refusal, finding no denial of procedural fairness.

  • Amendment of notice of appeal
  • Leave to appeal
  • Adjournment request
  • Denial of procedural fairness
  • Condition report evidence
  • Compensation claim
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Guardianship

YJB v YJC

YJB v YJC [2024] NSWCATAP 221

Appeal Panel dismissed an appeal from guardianship and financial management orders, refusing leave to appeal and vacating an earlier order.

  • Leave to appeal
  • Appointment of guardian
  • Capacity assessment
  • Biased decision-making
  • Procedural fairness
  • Consideration of views of person with disability
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Migration law

FTK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

FTK18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1152

The Federal Court dismissed a judicial review challenge to a refused extension of time, holding that delayed written reasons did not create procedural unfairness.

  • Judicial review
  • Extension of time
  • Procedural fairness
  • Written reasons
  • Migration-law
  • Judicial-review
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Migration law

Minister for Immigration and Border Protection v Ly

Minister for Immigration and Border Protection v Ly [2018] FCAFC 123

The Full Court dismissed an appeal over a visa refusal, holding the Tribunal had to give the applicant a chance to answer concerns that hotel receipts were not genuine.

  • Procedural fairness in administrative tribunal proceedings
  • Review of visa refusal decisions
  • Jurisdictional error
  • Section 360 migration act 1958 (cth)
  • Weight of evidence and notice requirements
  • Procedural-fairness
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Migration law

DWN042 v The Republic of NauruCitation:[2017] HCA 56Before:Keane, Nettle, Edelman JJDate:13 Dec 2017Case Number:M20/2017Read more

The High Court allowed a Nauruan migration appeal, finding denial of procedural fairness when the Supreme Court failed to consider a notice of motion and relied on unsigned material.

  • Appeal as of right
  • Denial of procedural fairness
  • Notice of motion
  • Complementary protection
  • Interpretation of constitution
  • Transfer interview form
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Procedural fairness

Jackson v N K Tiling Pty Ltd

Jackson v N K Tiling Pty Ltd [2017] NSWCATAP 106

The Appeal Panel allowed an internal appeal, finding procedural fairness was denied when unrepresented appellants were not offered an adjournment to rely on late evidence.

  • Adjournment
  • Admission of evidence
  • Rules of natural justice
  • Procedural-fairness
  • Adjournments
  • Evidence
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Administrative law

Smeaton v Valerius

Smeaton v Valerius [2015] NSWCATAP 223

The Appeal Panel allowed an appeal on costs, holding the Tribunal denied procedural fairness by deciding costs without inviting submissions and by giving inadequate reasons.

  • Costs
  • Adequate reasons
  • Procedural fairness
  • Internal appeal
  • Error of law
  • Procedural-fairness
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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.