General & Other
General & Other judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Federal Court Adjourns Non-Publication Order Applications
In this case, the court put off decisions about whether certain documents should be kept secret until after more information was submitted. This relates to applications made under section 50 of the Federal Court Act for non-publication orders.
Separating Contested Issues for Better Evidence Resolution
NSW Supreme Court Grants Extension for Providing Security for Costs
The NSW Supreme Court granted the claimant an extra week to provide security for the defendant's costs. However, they warned that failing to meet this deadline would result in the case being stopped permanently.
Executor Granted Permission to Issue Subpoenas
The NSW Supreme Court granted an executor permission to issue subpoenas to determine the financial health of a small estate. This decision helps clarify the estate's status and allows for proper administration.
Abuse of Process: Court Dismisses Repeated Motions
Validity of Building Management Agreement Confirmed by Court of Appeal
Settlement Agreement Default Provision Not Considered a Penalty
Claimant Allowed to Proceed Against Liquidated Company in NSW Supreme Court
Federal Court Grants Extension of Time for Appeal Due to Legal Advisors' Mistake
The Federal Court granted an extension of time for filing an appeal because the delay was caused by the legal advisors' mistakes. The court found that the grounds of appeal were arguable.
Motion for Stay of Proceedings Dismissed by NSW Court of Appeal
The Court of Appeal denied a request to pause ongoing legal proceedings while an appeal was pending. The court found that the possibility of wasting costs did not justify delaying the enforcement of the original judgment.
Claimant Awarded Damages for Copyright Infringement
In this case, an a person of copyrighted material successfully sued another party for infringing their rights by selling unauthorised copies of DVDs. The Federal Court awarded damages based on the losses suffered by the claimant due to the infringement.
Restraining Order Against Vehicle Repossession
The court granted an injunction preventing a financier from repossessing vehicles without the consent of a shareholder who claimed to be a former director. The shareholder argued that he had the right to participate in decisions regarding the repossession of vehicles. The court agreed that there was a serious question to be tried and that the balance of convenience favoured granting the injunction.
Real Estate Deposit Forfeiture Upheld in NSW Supreme Court
In this real estate case, the court decided that the seller could keep the deposit because the buyer failed to complete the sale within the agreed timeframe. The court ruled against the buyer's request to get the deposit back under the Conveyancing Act 1919.
Application for Security for Costs Dismissed Due to Late Filing
Claimant's Attempt to Overturn Deed Releasing Claims to Father's Estate Dismissed
Successful Workplace Injury Claim Against Employer in NSW Supreme Court
In this case, a worker was injured when a metal roller shutter door struck him on the head while he was processing to board a flight for work-related purposes. The court ruled that the employer was liable for the injury and awarded damages to the worker.
Federal Court Maintains Injunction Against Respondents Until Full Hearing
In this case, the Federal Court maintained an interim injunction preventing respondents from entering specific properties. The decision was based on the presence of serious legal questions and the need for protection until a full hearing could take place.
Will Admitted to Probate Despite Informal Execution
The court admitted a 1986 will and a modified 2005 document to probate, rejecting a draft will prepared using a will kit. The decision was based on the deceased's intention and the context of the documents.