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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
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Before: Gleeson JJ
The High Court said Victorian courts considering whether to reopen a child abuse settlement under s 27QE must apply the broad “just and reasonable” test. They cannot treat proof that the limitation defence or Ellis defence materially influenced the settlement as a necessary condition. Even so, DZY did not succeed in reopening the economic loss parts of his deeds: the evidence did not positively connect his decision to renounce that claim to either legal obstacle, and instead pointed to concern about repaying Centrelink benefits. The appeal was dismissed.
Before: Jones JJ
The High Court held that the Forestry Act did not shut out every private claimant from proceedings about alleged breaches of an integrated forestry operations approval. Section 69ZA restricts the use of specified statutory provisions that let any person sue regardless of whether their own rights are affected. It does not clearly remove the ordinary standing of someone whose private rights are affected or who has a special interest in the subject matter. The appeal was dismissed with costs.
Before: Jones JJ
The High Court held that Queensland's no body-no parole provision did not change the plaintiff's life sentences or add a new judicial punishment. The 20-year minimum term set by the sentencing judge was the point at which the parole scheme could operate, not a promise that parole would be available or granted. The Court viewed the provision as an incentive for cooperation in locating the victim's remains, rather than as extra punishment. It did not rule on the separate restricted prisoner provision because the president had not made or considered a declaration about the plaintiff. The plaintiff was ordered to pay the costs.
Before: Jagot JJ
The High Court held that the Minister's decision to grant FEL17 a temporary visitor visa did not erase the historical fact that his first protection visa application had been refused. Section 417 allowed the Minister to substitute a more favourable decision, but did not authorise the Minister to set aside the Tribunal's decision or the original refusal. The first refusal therefore continued to matter for the repeat-application bar in s 48A. The appeal was dismissed with costs.
Before: Jones JJ
The High Court did not decide that the Arabana hold native title over the Oodnadatta Overlap Area. It decided that the claim had been assessed using too narrow a test. The majority said the law does not require proof of physical acts on the claimed land if the relevant traditional laws and customs establish a connection in another way, including spiritually. Because the primary judge focused heavily on physical activity in the area, the dismissal was set aside and the case sent back for reconsideration.
Before: Wood J