Case law library
Australian case law library
Search court decisions by neutral citation, case name, jurisdiction, court, judges, catchwords, and judgment summary.
Case law entry points
Start with judgments that other decisions keep coming back to, then follow the citations through the case graph.
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 dismissed Mr Baldwin's general protections claim because he failed to pay the required application fee. Under the Fair Work Act, the Commission can dismiss applications that don't comply with the Act (such as non-payment of fees) without holding a hearing, provided the applicant is treated fairly. Mr Baldwin was given multiple chances to pay the fee or explain why he shouldn't have to, but he didn't do so. The Commission therefore dismissed his application.
Before: Black J
Before: McNaughton J
Before: Richmond J
Before: Bourke SC DCJ
Before: Blokland J
Before: Commissioner P
Before: General Member J
Before: Neskovcin J
Before: Tang AM
Before: Priest JA, Kidd JA, Kaye JA
Before: Ryan J
The Court of Appeal held that the applicants’ cases could continue even though the challenged COVID-19 directions had been revoked and the legislation authorising them had expired. The applicants alleged that the directions had affected their personal rights, work or businesses. Those alleged past effects could give them a sufficient interest to seek declarations, and the questions were not entirely hypothetical. The Court therefore set aside the summary dismissal orders. It did not decide whether a past human-rights infringement, by itself, would always support a declaration under s 10 of the Civil Proceedings Act.
Before: Solomon J
Before: High School P