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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: Harrison CJ at CL at [1]Hamill J at [88]Rigg J at [89]
Before: Price AJA at [1], Cavanagh J at [112], Yehia J at [121]
Before: D Robertson, Principal MemberC Mulvey, Senior Member
Before: Ward ACJ, Leeming JA, Ball JA
The appeal had already been dismissed, and the Court was deciding how much of the successful respondents' appeal costs should be paid. It chose a lump-sum assessment because a full assessment was likely to be contentious and time-consuming. But the costs evidence was not detailed enough to justify the amount sought, and the Court had particular concerns that the claimed security-motion costs were disproportionate. It fixed the appeal costs at $135,000, applied the $35,000 security towards that amount, and lifted the related stay.
Before: Loukas-Karlsson J
Before: Baker, Taylor and Abraham JJ
The Court of Appeal held that McBride's enlistment oath did not authorise him to disregard lawful orders whenever he believed disclosure served the public interest. ADF orders could help define his duties under the criminal provisions. The Court also found no material error in the sentence: the judge had considered his motivation and mental health, and could still give substantial weight to deterrence. Both appeals were dismissed.
Before: Haesler SC DCJ
Before: Galwey AC
Before: Mr J
Before: Senior Member J
The Fair Work Commission approved an enterprise agreement for Broadmeadow Mine Services despite some technical errors in the employee notification documents and special arrangements for casual workers. The Commission found that small errors in the paperwork (wrong year mentioned, late second notice) didn't disadvantage employees and could be overlooked. The agreement's workplace delegate rights clause was acceptable because it incorporated the award standard and ensured employees got the better of either provision. Although the agreement allowed casual workers in roles where the award wouldn't permit them, the higher pay rates for casuals meant they were still better off overall. Three unions will be covered by the agreement, which expires in 2029.