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NCAT Appeal Panel | 2014-04-09
Tenants were terminated for non-payment of rent following an uncontested hearing where the landlord's agent gave evidence and the Member recorded findings in hearing notes. The tenants sought leave to internally appeal under s 80(2)(b) but did not raise any question of law; therefore leave required. Clause 12 Schedule 4 requires showing the appellant 'may have suffered a substantial miscarriage of justice' because the decision was unfair, against the weight of evidence, or there is significant new evidence. The tenants relied on phone logs and asserted contact and willingness to pay. The Appeal Panel found the record disclosed arrears and necessary findings, the phone logs were not fresh or persuasive, and there was no denial of procedural fairness. Leave was refused, the appeal dismissed, and the stay of the original orders lifted.
1,764 case citations
Before: Jones JJ
The High Court held that the tax treaty provisions initially prevented Queensland and Victoria from charging the additional land taxes at issue, and also prevented Victoria from imposing a related reporting burden on Mr Stott. However, Parliament changed the Commonwealth law in 2024 and made that change apply to specified taxes from 1 January 2018. The Court ruled that this retroactive change was valid and overruled an earlier case, Metwally, which had been understood to prevent that result. The revived liabilities were genuine taxes, not an acquisition of property requiring just terms. The taxpayers obtained no relief and were ordered to pay the costs of their special cases.
Before: Jones JJ
The High Court upheld the statutory provision used to refuse Candace Owens Farmer’s visa and rejected her argument that the Minister misunderstood it. The Court construed “incite discord” as requiring a real or appreciable risk of harmful dissension or strife in the Australian community or a segment of it. Ordinary disagreement, debate or offence alone is not enough. The Justices disagreed about whether the provision burdens political communication: some found a burden but considered it justified, while others found no effective burden because there is no independent right to enter Australia or compel a non-citizen’s presence. The visa refusal remained in place, and Farmer was ordered to pay the costs.
Before: Senior Member P
Before: General Member J
Before: Taylor J
Before: Mr J, Charlesworth J
Before: Owens J
Before: Markovic J
Before: Charlesworth J
Ms Boyle sued the Commonwealth claiming she was tortured and targeted by government agencies. The Commonwealth sought to have her case dismissed. Ms Boyle asked for delays, claiming she was physically injured and that there might be legal orders affecting her mental capacity to run the case. The judge raised the mental capacity issue herself to ensure proper procedure. Ms Boyle then asked the judge to step down, claiming the judge was biased against her. She alleged the judge was secretly working with the Commonwealth, refused to help her get free legal help, and made rude comments. The judge refused to step down. She explained that raising the capacity issue was her job to protect Ms Boyle, and her other decisions and comments were normal case management. There was no evidence for the claims of secret dealings. The test for bias is whether a fair observer might think the judge had already made up her mind, and the judge found this was not the case.
Before: Plan J
Before: Lemonis J
Before: General Member J
Before: General Member J