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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.
1,627 case citations
The Commission dismissed Jack Sheehan's unfair dismissal application because Sheehan did not attend the scheduled conciliation, did not explain the absence, and did not reply when later asked whether they still wanted to pursue the application. The Commission considered that Sheehan had been warned about the possible dismissal and given an opportunity to respond. The decision concerns participation in the Commission process, not whether the dismissal from Australia Post was fair.
The Fair Work Commission held a conference to help Queensland Rail and several unions resolve their dispute over six new workplace agreements. Most unions agreed to stop industrial action until 27 April 2026 so Queensland Rail could prepare better offers. The Commission set up a timetable: Queensland Rail will present new draft agreements on 27 April 2026, and unions will respond on 7 May 2026. One union (the ETU) will continue industrial action because it wants a separate electrical agreement, which is not part of these six agreements. The Commission encouraged all parties to keep negotiating seriously.
Before: Ward P at [1], Leeming JA at [2], Free JA at [89]
The Court of Appeal found that the owners corporation remained responsible for Ms Balacco’s fall. Even assuming the carpark was fully lit, the two unpainted speed humps were not obvious risks in a carpark where other hazards had been marked. The Court considered that a reasonable owners corporation would have painted them and that, more likely than not, the marking would have prevented the fall. It rejected the contributory-negligence challenge. But it removed the awards for future economic loss and future domestic assistance because the trial judge’s reasoning or the evidence did not support them. The resulting judgment was $250,499.06, with directions about interest and remaining costs.
Before: Leeming JA, Fagan J
The Court gave Kearney one further opportunity to complete his part-heard application for appointment of a tutor. Although the respondents raised concerns about the history of adjournments and the lack of evidence that a later date would improve his ability to proceed, Leeming JA considered the particular circumstances, including Kearney's admission to a clinic on the hearing date and the subject of the underlying appeal. The Court said the result was specific to this unusual case. It also refused to order the respondents to disclose their total legal fees, finding that information was not materially relevant to the issues being decided and could cause further expense and delay. The tutor application itself was not decided.
Before: Cole DCJ
Before: Walsh C
Before: Walsh C
Before: O’Neill C
Before: Schmidt AJ
Before: Schmidt AJ