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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
The Fair Work Commission approved an enterprise agreement for the Queensland Conservation Council despite minor technical issues with the employee notification document. The Commission accepted that because the employer doesn't hire disability support workers, home care workers, or supported wage employees, it didn't need to prove those workers would be better off under the agreement. The employer provided undertakings to address concerns, which were accepted. The ASU union will also be covered by the agreement. The agreement will operate until July 2027.
Before: Hogan J
Before: Smith J
Before: Watson J
Before: Incerti J
Before: Meagher J
Before: Wigney J
Before: Price AJA
Daracon's challenge to an amendment of the pleadings had stalled the Tribunal proceedings, and its application for leave to appeal had not yet been listed. Because the first respondent had a very limited prognosis, the Court considered that delay could deprive him of his claim for future economic loss. It therefore brought the appeal process forward. The ruling concerned timing only: it did not decide whether the challenged allegations were properly pleaded or whether the appeal should ultimately succeed.
Before: R C Titterton OAM, Senior MemberP H Molony, Senior Member
Before: Mr J
Before: Garling J, Wright J, Yehia J
Before: Abadee DCJ