General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Security for Costs Ordered for Foreign Claimants in NSW Supreme Court
The NSW Supreme Court ordered claimants residing abroad to provide security for costs due to concerns over their ability to pay. The decision was based on the Uniform Civil Procedure Rules and the Compensation to Relatives Act.
Federal Court Upholds Validity of Native Title (Queensland) Act 1993 (Qld) s 8
The Full Court of the Federal Court of Australia dismissed an appeal challenging the validity of s 8 of the Native Title (Queensland) Act 1993 (Qld). The court ruled that the section is valid and operates to attach new legal significance to past acts which were previously ineffective to extinguish native title.
Payment Out of Court Funds Decision - NSW Supreme Court
In this case, the court allowed the applicant and the first respondent to receive money held in court because they showed they had a legitimate claim to the funds and had properly notified other people who might also have a claim.
Supreme Court Rejects Vexatious Proceedings Claim
Worker Awarded Damages for Mesothelioma Caused by Employer
NSW Supreme Court Grants Leave to Amend in Complex Litigation Case
Stay of Receivership Denied in NSW Supreme Court
NSW Court of Appeal Upholds Blameless Motor Accident Compensation
Real Property Possession Granted Despite De Facto Claim
Compensation Awarded for Physical and Psychological Injuries from Dog Attack
Supreme Court dismisses trespass appeal due to lack of evidence
Unincorporated Association's State Executive Can Suspend Branch Without Adhering to Procedural Fairness
Supreme Court NSW Decision on Costs for Multiple Plaintiffs
Motion to Strike Out Defence Dismissed in NSW Supreme Court
Plaintiffs Liable for False Tax Returns, Not Professionals
Federal Court Grants Regulator Leave to Intervene
A non-party regulator sought to join a proceeding as an applicant based on its statutory duties and standing but was granted leave to intervene instead. The court found that while there is power to join the regulator under Rule 9.05 of the Federal Court Rules, it was not appropriate in this case due to disputes over standing.
Guarantor Liability for Loan Repayment Judgement
Court of Appeal Rejects Leave to Appeal on Contractual Dispute
In this case, the Court of Appeal dismissed an application for leave to appeal from a lower court’s decision about interpreting a lease agreement. The applicant argued that there was an error in how certain parts of the contract were understood and applied by the expert and the primary judge, but the Court found no strong evidence of such errors.
Security for Costs Denied in Fraud Case
NSW Court of Appeal Vacates Notations, Sets Hearing Date
In this case, the Court of Appeal decided to cancel some earlier procedural steps and scheduled a new hearing date. This decision allows the parties involved more time to prepare their arguments regarding whether additional evidence should be considered in the appeal process.