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
VCAT refused a neighbouring resident's application to be joined to a review of Council's refusal of a planning permit for an apartment development under the Future Homes clause. The Tribunal held the clause's 800 metre proximity is measured in a straight line (as the crow flies) under s 43 of the Interpretation of Legislation Act, not by walking or trafficable distance; cl 53.24 therefore applied to the land. The Tribunal also held that the existence of a registered s 173 agreement, and the neighbour's concerns about stormwater/flooding, did not establish the special interest or special circumstances necessary to justify joinder under s 60 VCAT Act, especially where Council had considered the s 173 agreement and there is a separate statutory process to amend or end s 173 agreements. The joinder application was refused and the Tribunal confirmed timetabling for compulsory conference and hearing.
Before: Brett J
Before: Burns J
Before: Burns J
Before: Hindman J
Before: Bowskill CJ, Bond JA, Callaghan J
The Court of Appeal set aside QCAT's order requiring a builder to rectify retaining-wall work in accordance with council enforcement orders. The Commission and QCAT had the same relevant limit: they could direct rectification but could not prescribe the method. The builder had also ceased to exist upon deregistration, raising a further issue for QCAT to consider, but the Court did not decide how that issue should be resolved. The matter was sent back to the original QCAT member. The Court granted the short, unopposed extension of time and made no costs order.
Before: Elkaim AJ
Before: Rees J
Before: Stevenson J
Before: Harrison CJ at CL
Before: Chen J
Before: Peden J
Before: Washington C
Before: Sutherland SC DCJ
Before: Seiden SC DCJ, Deputy PresidentH Dixon SC, Senior Member
Before: Mitchelmore JA at [1], Kirk JA at [2], Basten AJA at [112].
The Court of Appeal held that police do not have to consider alternatives to arrest in every case, and a court cannot simply substitute its own view about which option was best. A court can still review whether the officer’s state of satisfaction was legally unreasonable. The Court also held that, under the 2013 Bail Act, police bail powers apply to people in custody, not to someone who has not been arrested. Since the alternatives relied on at trial depended on imposing bail conditions without arrest, they were not available. The State’s appeal succeeded and Dennis’s claim was dismissed.
Before: Ward P at [1], Payne JA at [2], Ball JA at [112]
The Court of Appeal upheld a restriction on Joseph Golden bringing further proceedings in New South Wales about CHAPS without the Court’s permission. It found that eight earlier proceedings repeatedly raised substantially the same allegations, lacked reasonable grounds, or tried to reopen matters already decided. Golden’s partial success in an earlier case did not change that assessment: that success concerned apprehended bias in a particular warning-off decision, while other claims were rejected. The Court also said it could decide legal disputes but could not conduct a general investigation into alleged CHAPS fraud. The Court granted leave to appeal but otherwise dismissed the appeal, correcting a duplicated order and a related costs provision.
Before: Christensen AJ
Before: Taylor J
Before: Lee J