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
Before: Kunc J
Before: Dhanji J
Before: Gibson DCJ
Before: Bowskill CJ
Before: Lonergan J
Before: McNaughton J
Before: Mr J, Owens J
Before: Ms J
Before: Deputy President P
Before: Senior Member J
The Fair Work Commission approved an enterprise agreement between Scaffold Logistics Pty Ltd and the CFMEU covering riggers and steel erectors in the Victorian construction industry. The Commission was satisfied that all legal requirements were met, including that the group of employees covered was fairly chosen even though not all employees of the company were covered. The CFMEU, as a bargaining representative, is also covered by the agreement. The agreement will operate from 30 June 2025 until 2 July 2027.
Before: Berman J
Before: Leeming JA
The judgment is about how the Court would prepare to hear Ms Khamiss's judicial review case, not about whether she wins it. The Director accepted that the Local Court decision involved apprehended-bias jurisdictional error, but argued that the later District Court decision meant that error did not support relief. The Court also identified uncertainty about how the District Court's order was recorded and a statutory interpretation issue. Because those questions may have wider significance, the Court referred the matter for the purpose of appointing an independent barrister as amicus curiae. The substantive legal issues remained open.
Before: Espinosa C