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Australia Case Law

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Land valuation

Boensch v Valuer-General of New South Wales

Appeal from a Class 3 land valuation decision dismissed. The Court rejected complaints about procedural fairness, comparable sales, flood classification and estoppel.

  • Procedural fairness
  • Comparable sales
  • Flood risk classification
  • Foreshore building line
  • Estoppel
  • Onus of proof
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Criminal law

R v Bobak

The Court vacated a May 2025 murder trial and adjourned it to September after finding the accused’s medical condition risked his ability to participate fairly.

  • Adjournment of trial
  • Accused's fitness to stand trial / ability to participate
  • Custody pending trial
  • Pre-trial management
  • Medical issues affecting trial
  • Trial-adjournment
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Criminal law

R v Saliba (No 2) (Judge alone application)

Refusing a jury trial was not in issue: the court ordered Dominic Saliba be tried by judge alone, citing prejudice risks from publicity, social media and tattoos.

  • Trial by judge alone
  • Pre-trial publicity
  • Social media prejudice
  • Jury directions
  • Self-defence
  • Objective community standards
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Criminal law

R v Saliba (No 2) (Judge alone application)

R v Saliba (No 2) (Judge alone application) [2025] NSWSC 155

The Supreme Court of New South Wales granted Dominic Saliba's application for a judge-alone murder trial, finding the interests of justice favoured it despite community-standards issues.

  • Judge alone trial
  • Murder
  • Self-defence
  • Media prejudice
  • Tattoos as evidence
  • Jury prejudice
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Criminal law

PD v Director of Public Prosecutions (NSW)

PD v Director of Public Prosecutions (NSW) [2025] NSWSC 16

Sentence appeal from the Children's Court partly succeeded on legality of aggregate control orders. The Court substituted two orders and dismissed the summons.

  • Sentence appeal
  • Children's sentencing
  • Aggregate control orders
  • Statutory interpretation
  • Backdating of sentences
  • Sentence-appeal
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Employment and industrial law

Visscher v Fripp

Visscher v Fripp [2024] NSWIRComm 1075

The Commission held it has no power to direct the DPP to prosecute a witness for perjury under s 164(1)(d) of the Industrial Relations Act 1996.

  • Work health and safety
  • Perjury prosecutions
  • Jurisdiction of industrial relations commission
  • Director of public prosecutions powers
  • Statutory interpretation—surplusage
  • Inherent jurisdiction of courts
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Criminal law

Ngo v Commonwealth Attorney General

Ngo v Commonwealth Attorney General [2024] NSWSC 1536

The Supreme Court of NSW certified that it was in the interests of justice for evidence from the plaintiff’s brother in Vietnam to be taken by video-link for sentencing.

  • Mutual assistance
  • Evidence via video-link
  • Sentencing procedure
  • Mutual-assistance
  • Video-link-evidence
  • Sentencing-procedure
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Equity

United Beverage Co-Packers Pty Ltd v Proclear International Pty Ltd; Proclear International Pty Ltd v United Beverage Co-Packers Pty Ltd (No 5)

United Beverage Co-Packers Pty Ltd v Proclear International Pty Ltd; Proclear International Pty Ltd v United Beverage Co-Packers Pty Ltd (No 5) [2024] NSWSC 1501

The NSW Supreme Court ordered limited temporary redactions to a judgment to protect alleged confidentiality in commercial information while an appeal was considered.

  • Suppression orders
  • Non-publication orders
  • Confidentiality
  • Open justice
  • Suppression-orders
  • Non-publication-orders
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Civil law

Longin v Tomordi; Longin v Department of Communities and Justice

Longin v Tomordi; Longin v Department of Communities and Justice [2024] NSWSC 1248

The court granted the plaintiff’s application for referral to the Pro Bono Panel, accepting that independent legal representation was desirable in these related proceedings.

  • Pro bono referral
  • Impecuniosity
  • Self-representation
  • Uniform civil procedure rules 2005 (nsw) r 7.36
  • Pro-bono-referral
  • Civil-procedure
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Contracts

Gerrard Toltz Pty Ltd v City Garden Australia Pty Ltd (in liq) (No 2)

Gerrard Toltz Pty Ltd v City Garden Australia Pty Ltd (in liq) (No 2) [2024] NSWCA 232

The Court of Appeal allowed Toltz’s appeal, set aside the orders below, and held the primary judge erred on fiduciary duty, causation, and apportionability.

  • Solicitor-client retainer
  • Fiduciary duties
  • Conflict of interest
  • Informed consent
  • Causation
  • 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.