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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: Jones JJ
The High Court held that a judge can make a legally wrong decision by giving an incorrect jury direction, even if defence counsel agreed to it. The sister's evidence about smacking could not properly be used to reason that MDP had a sexual interest in the complainant, because it had reasonable non-sexual explanations. The majority considered that the jury could have used it in the forbidden way and that the Crown had not shown the convictions were inevitable without the error. The convictions were therefore set aside and a new trial ordered. Three judges dissented on whether the direction could realistically have affected the jury's reasoning.
Before: Jones JJ
The High Court rejected the challenge to the Commonwealth law that placed the CFMEU’s Construction and General Division under administration. The Court held that the law was supported by the corporations power, did not impose unconstitutional punishment, and was not invalid for failing to provide just terms because the legislation contained a compensation mechanism. The political-communication challenge also failed, but the Justices did not agree on one route to that result. Some found no burden; others found a burden but held it justified; Gageler CJ found a burden but read the statutory powers as excluding an impermissible purpose. The result was unanimous, while important aspects of the implied-freedom reasoning were not.
Before: Perry J
Before: Kennett J
Before: Kennett J, Markovic J
Before: Mitchelmore JA, Ierace J, Coleman J