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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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Civil procedure

Allchin v Wycombe Services Pty Ltd

The Appeal Panel dismissed an application to revoke the guardian ad litem appointment of Bill Hoyles, finding no disqualifying conflict of interest or apprehended bias.

  • Guardian ad litem
  • Conflict of interest
  • Revocation of appointment
  • Apprehended bias
  • Guardian-ad-litem
  • Conflict-of-interest
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Civil procedure

Sinanovic v Bone

Leave to appeal was refused in a low-value tenancy dispute, with costs ordered against the applicant. The Court found no arguable error and no basis to revisit new grounds.

  • Leave to appeal
  • Apprehended bias
  • Procedural fairness
  • Lay advocate representation
  • Unconscionable conduct
  • Non est factum
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Civil procedure

Choi v NSW Ombudsman

Choi v NSW Ombudsman [2025] NSWCA 26

The Court of Appeal rejected Ms Choi’s recusal application, dismissed her amended summons as an abuse of process, and ordered costs against her.

  • Recusal
  • Apprehended bias
  • Summary dismissal
  • Judicial review
  • Legal representation
  • Abuse of process
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Administrative law

Reisinger v Placek

Reisinger v Placek [2025] NSWLEC 11

Judicial review of a council-approved development application failed. The Court held the Hardiman principle did not invalidate the later decision by a different delegate.

  • Judicial review
  • Development applications
  • Apprehended bias
  • Statutory interpretation
  • Judicial-review
  • Apprehended-bias
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Practice and procedure

Greensill Bank AG v Insurance Australia Limited

Greensill Bank AG v Insurance Australia Limited [2025] FCA 95

The Federal Court allowed a recusal application after the judge’s earlier appearance as counsel in a related interlocutory hearing created apprehended bias.

  • Judicial bias
  • Disqualification of judge
  • Apprehended bias
  • Case management
  • Recusal
  • Apprehended-bias
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Corporations law

Australian Securities and Investments Commission v Bekier (Separate Relief Hearing)

Australian Securities and Investments Commission v Bekier (Separate Relief Hearing) [2025] FCA 84

The Federal Court reallocated parts of a Corporations Act proceeding to another judge to avoid any risk of apprehended bias, while limiting the listed hearing to the remaining defendants.

  • Apprehended bias
  • Referral and allocation of proceedings
  • Declarations and relief under corporations act
  • Final hearing scope
  • Apprehended-bias
  • Case-management
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Guardianship

YJO v YJP

YJO v YJP [2025] NSWCATAP 7

Appeal Panel refused leave to appeal and dismissed an appeal about a guardianship order adding an access function for an adult with acquired brain injury.

  • Functions of guardian
  • Appointment of public guardian
  • Section 17(1)(c) guardianship act
  • Procedural fairness
  • Apprehended bias
  • Principles for leave to appeal
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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.