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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: Mr P
Before: Hill J
Before: Boddice JA, Sullivan JJ
The Court of Appeal allowed Di Carlo to appeal because the decision had serious consequences for a long-serving barrister, but it found no error in QCAT's decision to uphold the refusal to renew his practising certificate. The Court considered that QCAT had reviewed the matter afresh and had reasonably assessed the pattern of conduct, including non-disclosures, failure to update the Bar Association, tax liabilities and leaving Australia while required to attend court. It distinguished lack of frankness from deliberate dishonesty and found that the applicant had notice of the candour issue. Later resolution of criminal charges did not lead the Court to decide whether he was then fit to practise; the judgment said that question belonged to the Bar Association on a later application. This is an account of the judgment, not a general determination of any other practitioner's fitness.
Before: Mullins P, Brown JA, Bradley JA
The Court of Appeal refused Taylor’s request for permission to appeal his sentence. It considered the total sentence, including the serious violent offence declarations and the date when he could apply for parole. The Court concluded that the sentence was within the sentencing judge’s discretion. It emphasised the planned and serious nature of the home attack, Taylor’s leading role, the severe injury caused, and the fact that earlier remand and probation had not deterred him. The Court also noted that the sentencing judge had taken account of mitigating matters, including Taylor’s early guilty plea, youth and difficult background.
Before: Cavanagh J
Before: Richmond J
Before: Mr P
Before: Commissioner Sloan, Member Decision