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The United Nation’s Intergovernmental Panel on Climate Change Report – ‘Climate Change 2021: The Physical Science Basis’

The Working Group I contribution to the Sixth Assessment Report addresses the most up-to-date physical understanding of the climate system and climate change, bringing together the latest advances in climate science.
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WORKPAC PTY LTD v ROSSATO [2021] HCA 23

HCA Decision regarding the nature of casual employment, including tasks and duration.
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Jabbcorp (NSW) Pty Ltd v Strathfield Golf Club [2021] NSWCA 154

NSWCA Decision regarding a clause that was required to be read as a whole, harmoniously with other provisions in the contract.
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COVID-19 Vaccinations: Managing Workplace Risks.

Ian Neil SC presenting in webinar on COVID-19 Vaccinations: Managing Workplace Risks.
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Hub Street Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 110

FCAFC decides whether enforcing court should accept that the appointment of the tribunal by the supervisory court was in accordance with the agreement of the parties.
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Hub Street Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 110

FCAFC decides whether enforcing court should accept that the appointment of the tribunal by the supervisory court was in accordance with the agreement of the parties.
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Unified Security Group (Australia) Pty Ltd v Commissioner of Police (No 2) [2021] NSWCATAD 115

NSWCATAD Decision regarding the revocation of a security licence.
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Trentelman v The Owners – Strata Plan No 76700 [2021] NSWCA 62

NSWCA refuse application for stay pending appeal.
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Alexakis v Wan [2021] NSWSC 367

NSWSC held that the defendants are entitled to terminate the contract and recover the deposit.
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Savannah Bennie v Sunnyhaven Disability Services Ltd [2021] FWC 1789

Application for an Unfair Dismissal was dismissed.
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Broken Hill Town Employees’ Union v Health Secretary (Temporary Employment in Broken Hill Health Service) [2021] NSWIRComm 1025

NSWIRComm Decision regarding whether an industrial agreement between the parties is to be taken as regulating temporary employment and whether, if not, a separate industrial instrument applies to the parties.
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Application by Health Secretary for Broken Hill Health Employees’ (State) Award [2021] NSWIRComm 1000

NSWIRComm Decision on whether the onus discharged by identification of another award of the Commission which would, but for its coverage terms, apply to the employees.
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Dumas v Industrial Relations Secretary (on behalf of Department of Communities and Justice) [2019] NSWIRComm 1071

Application for leave to appeal on the exercise of discretion disclosed error – meaning of “impracticable” – grounds in support of leave to appeal not made out – leave to appeal refused.
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Commissioner of Police v EMB [2021] NSWCATAP 63

Administrative review appeal regarding a firearms licence, the withdrawal of child sexual assault charges and decision on whether applicant was fit and proper person in public interest.
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Tukel v Commissioner of Police, NSW Police Force [2021] NSWCATAD 60

NSWCATAD find an applicant not fit, in the public interest, to have possession of a firearm.
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Cappello & Anor v Scrivener & Anor (No 2) [2021] NSWSC 168

NSWSC Decision on an application by defendants for leave to re-open to tender documents produced on subpoena and the quantum of equitable compensation.
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Trentelman v The Owners – Strata Plan 76700; The Owners – Strata Plan 76700 v Trentelman [2021] NSWSC 155

NSWSC Decision regarding the strata plan of subdivision which included notation that pool structures formed part of common property.
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In the matter of Matrix Global Investment Group Sydney Pty Ltd (ACN 614 718 399) [2021] NSWSC 80

NSWSC Decision regarding an application by minority shareholders to wind up a company under s 461(1)(k) of the Corporations Act 2001 (Cth).
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Mudgee Dolomite & Lime Pty Ltd v Robert Francis Murdoch; In the matter of Mudgee Dolomite & Lime Pty Ltd [2020] NSWSC 1675

COSTS – Basis of quantification – Four separate proceedings heard together – Overlapping parties where Plaintiffs in certain proceedings were Defendants in others – Parties successful on certain claims and unsuccessful in others – Whether appropriate for no order as to costs across all proceedings – Where successful and unsuccessful claims within a proceeding. John […]
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Yu v Yu [2020] NSWSC 1904

NSWSC Decision regarding the existence and scope of jurisdiction to set aside contracts for common mistake in equity, res judicata and cause of action estoppel.
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CHAMBERS AND PARTNERS RANKING FOR EMPLOYMENT BAR 2021

Ian Neil SC and Michael Seck ranked in the Chambers and Partners Employment Bar 2021 - Band 1 throughout Australia and Asia-Pacific.
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MIR Holdings Pty Ltd & Anor v Marina Square Retail Pty Ltd [2020] NSWSC 1418

NSWSC Decision regarding equitable remedies and relief against forfeiture Retail and Other Commercial Leases (COVID-19) 2020 Regulation.
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Mudgee Dolomite & Lime Ltd v Robert Francis Murdoch; In the matter of Mudgee Dolomite & Lime Pty Ltd [2020] NSWSC 1510

NSWSC Decision regarding; Directors and officers — Fiduciary duties — Winding up — Equitable remedies.
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Cappello & Anor v Scrivener & Anor [2020] NSWSC 1748

NSWSC Decision regarding an oral agreement between first plaintiff and first defendant concerning proposed consolidation and possible development of three adjoining sites – whether parties’ post contractual conduct casts light on true nature of the agreement.
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Nowra Radiology Pty Ltd v Macintosh (No 2) [2020] FCA 1743

FCA Decision regarding whether evidence of Calderbank offer is inadmissible under s 53B of the Federal Court of Australia Act 1976 (Cth) – where respondent acceded to part of the relief sought without admission of liability and the balance of the relief was subsequently dismissed by consent save as to costs – each party to bear its own costs.
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Dul v Health Secretary, in respect of Sydney Local Health District [2020] NSWIRComm 1082

NSWIRComm Decision regarding an unfair dismissal – whether applicant had verbal approval from Supervisor – whether applicant engaged in a serious form of misconduct for personal gain – application granted.
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Al-Huda Pty Limited v Secretary, Department of Education, Skills and Employment [2020] FCA 1613

FCA Decision regarding an appeal on an AAT's Decision to cancel applicant’s status as an approved provider of child care services under s 195H(1) of A New Tax System (Family Assistance) Administration Act 1999 (Cth).
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MIR Holdings Pty Ltd & Anor v Marina Square Retail Pty Ltd [2020] NSWSC 1418

NSWSC Decision regarding equitable remedies – relief against forfeiture – third party rights – Retail and Other Commercial Leases (COVID-19) 2020 Regulation – whether breach during the prescribed period.
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Wang v Cai [2020] NSWSC 1414

NSWSC Decision regarding a conflict of interest – solicitor acting for parties not in the same interest – leave of court – Uniform Civil Procedure Rules 2005 (NSW) r 7.25.
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JABBCORP (NSW) PTY LIMITED V STRATHFIELD GOLF CLUB [2020] NSWSC 1317

NSWSC decision regarding contract construction and interpretation - whether application of principles of contractual interpretation modified by entire agreement clause – relevance of surrounding circumstances.
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Woollahra Municipal Council v Ayman Tawfils [2020] NSWIRComm 1063

NSWIRComm Decision regarding an Unfair Dismissal Claim – whether applicant required to provide undertaking not to pursue in future an application for reinstatement under Workers Compensation legislation – whether refusal by applicant to provide undertaking deprives Commission of jurisdiction.
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INPEX AUSTRALIA PTY LTD v THE AUSTRALIAN WORKERS’ UNION [2020] FWCFB 5321

FWCFB Decision regarding an appeal to an application for a majority support determination made by the AWU.
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Alghofaili v SAE Institute Pty Ltd [2020] NSWCATAD 215

NSWCATAD Decision regarding principles applying to grant of leave — race discrimination in education — ethno-religious origin — victimisation.
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Walton v Commonwealth Bank of Australia [2020] NSWCA 191

NSWCA Decision regarding the Uniform Civil Procedure Rules 2005 (NSW), r 12.1 and Uniform Civil Procedure Rules 2005 (NSW) (UCPR), r 42.19(2), where the plaintiff sought leave to discontinue with no order as to costs.
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BENOY Berry & ANOR v CCL Secure Pty Ltd

HCA Decision regarding misleading or deceptive conduct – Where first appellant induced to give up agreement by respondent's misleading or deceptive conduct in contravention of s 52 of Trade Practices Act 1974 (Cth) – Where appellants sought damages pursuant to s 82 of Trade Practices Act referable to amounts payable had agreement not been terminated.
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Energy City Qatar v Hub Street Equipment Pty Ltd [2020] FCA 1116

FCA Decision regarding an application to enforce a foreign award – where respondent contends that it did not receive proper notice – where respondent contends that arbitral procedure was not in accordance with the contract between the parties – where respondent contends that the arbitral award involved a breach of natural justice – application to enforce award granted.
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Gooley v NSW Rural Assistance Authority [2020] NSWCA 156

NSWCA Decision regarding contract variation – Australian Securities and Investments Commission Act 2001 (Cth), ss 12CB and 12DA – Code of Banking Practice, cll 2.2, 25.1 and 25.2 – National Credit Code – Farm Debt Mediation Act 1994 (NSW).
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Gooley v NSW Rural Assistance Authority [2020] NSWCA 156

NSWCA Decision regarding contract variation whether term of credit facility varied – Australian Securities and Investments Commission Act 2001 (Cth), ss 12CB and 12DA – National Credit Code – Farm Debt Mediation Act 1994 (NSW).
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Energy City Qatar v Hub Street Equipment Pty Ltd [2020] FCA 1033

FCA Decision regarding an application by the applicant that the respondent provided security for the applicant’s costs.
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What happens when JobKeeper Ends?

Loren Web of Dynamic Business interviews Ian Neil SC who provides his insight and advice for employers for navigating the uncertain times ahead with coming out of JobKeeper.
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Cruising through the Coronavirus: a journey through international law

Dr Christopher Ward SC investigates the tension between States rights and the humanitarian needs of the passengers and crews.
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INTERNATIONAL LAW & COVID-19

Dr Christopher Ward SC provides a preliminary assessment of international legal issues surrounding the global health response and the developing crisis at sea as well as issues of international trade, international aviation and freedom of movement restrictions, and human rights implications.
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Holdsworth v Commissioner of Police, New South Wales Police Force [2020] NSWSC 228

NSWSC Decision regarding a STATUTORY INTERPRETATION – declaratory relief – whether firearms prohibition order made under the Firearms and Dangerous Weapons Act 1973 constitutes a firearms prohibition order for the purposes of Part 7 of the Firearms Act 1996 – savings and transitional provisions.
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In the Matter of Applied Masters Chemists of Australia Ltd [2020] NSWSC 291

NSWSC Decision regarding the evidence of solvency of grantors – secured creditors not affected by order sought – unsecured creditors affected – whether Guardian Securities condition appropriate – principles at [16]-[20] – grantors include publicly listed company – uncertainty inherent in such a condition unhelpful and unwarranted.
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Worth v International Insurance Company of Hannover SE [2020] NSWSC 249

NSWSC Decision regarding a claim for indemnity – whether insured responsible for fire – circumstantial case – good faith in taking of defence alleging lack of reasonable dispatch in rectifying property.
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Wang v Polaris Holdings Rosebery Pty Ltd [2020] NSWSC 213

NSWSC Decision regarding a contract for sale of land and contract for sale of stratum lot in an unregistered plan of subdivision.
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Application by Perpetual Trustee Company Ltd (NSWSC no 2019/78220)

NSWSC Decision regarding a trustee application to save charitable gift to Foundation 41, a defunct institution (a case of supervening impossibility).
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Perpetual Trustee v Attorney General (NSW) (Estate of Thelma Pyne) (NSWSC 2019/368218)

NSWSC Decision regarding a trustee application to save charitable gift to Foundation 41, a defunct institution (a case of supervening impossibility).
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Glenfyne International Holding Limited v Glenfyne Farms International AU Pty Ltd (in liq); Glenfyne International Limited v GI Commercial Pty Ltd (in liq) [2019] NSWCA 304

NSWCA Decision regarding – Insolvency – second meeting of creditors resolves to place company into liquidation – substantial creditors’ motion for appointment of liquidator fails – former administrator as person presiding at meeting exercises casting vote against resolution – proper characterisation of resolution – whether or not resolution to appoint liquidator was a resolution to remove an external administrator within the meaning of s 75-115 of Insolvency Practice Rules.
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Reporter to the Minister under ATSHIP Act 1984 (Cth): Coalmine alleged to be colonial frontier massacre site.

More information can be found here.
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Ratkovic v Hadzic [2019] NSWSC 1627

NSWSC Decision regarding the costs of and incidental to a notice of motion filed by the plaintiff.
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Gooley v NSW Rural Assistance Authority (No 3) [2019] NSWSC 1314

NSWSC decision regarding — Records of prior communications concerning FOS complaint – Admissibility – Hearsay – Prior consistent statement — Opinion evidence — Assumption of risk that variation may benefit either party — Misleading conduct under statute — Statutory unconscionability – Breach of term of contract incorporating Banking Code of Practice cll 25.2 and 2.2 — Bank accounts.
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Zervas v Burkitt (No 2) [2019] NSWCA 236

NSWCA Decision regarding an APPEAL – Misleading or deceptive conduct – accessorial liability – representation as to future conduct – determination of liability where applicant held liable for causes of action not pleaded against him – whether failure to accept offer of insurance was a failure to mitigate loss – apportionment of liability – variation of costs orders – joint and several liability.
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Macarthur Projects Pty Ltd v Cottage Developers Pty Ltd [2019] NSWSC 1149

NSWSC Decision regarding a CIVIL PROCEDURE — Summary disposal — Dismissal of proceedings — Abuse of process.
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Nguyen v Minister for Home Affairs [2019] FCAFC 128

FCAFC Decision regarding MIGRATION – decision of Minister, personally exercising the power under s 501BA of the Migration Act 1958 (Cth), to set aside revocation decision and to cancel the appellant’s spouse visa – whether Minister’s finding that there was an ongoing likelihood the appellant will re-offend was legally unreasonable – whether the Minister formed the view that he was precluded from inviting the appellant to make submissions or provide further material and thereby misunderstood the operation of s 501BA.
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Commonwealth Bank of Australia v Daleport Pty Ltd (in receivership) (No 6) [2019] NSWSC 958

NSWSC Decision regarding a CIVIL PROCEDURE - where parties labouring under different understandings as to the relief able to be claimed by the defendants in their defences – plaintiff contending no monetary remedy available beyond extent of its claim – evidence of defendants’ impecuniosity – whether proceedings futile – whether leave to discontinue should be granted on terms that there be no order as to costs.
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Commissioner of Police, New South Wales Police Force v Holdsworth [2019] NSWCATAP 167

NSWCATAP Decision - APPEAL – interlocutory decision to extend time – whether leave should be granted to appeal – whether discretion miscarried.
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Lawrence v Ciantar; Ciantar v Lawrence [2019] NSWSC 464

NSWSC Decision regarding CONTRACTS – interpretation – ambiguity – evidence of surrounding circumstances – evidence of prior negotiations – evidence of subsequent conduct .
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Ample Source International Limited v Bonython Metals Group Pty Limited (in liquidation), in the matter of Bonython Metals Group Pty Limited (in liquidation) (No 10) [2019] FCA 533

FCA Decision regarding BANKRUPTCY AND INSOLVENCY – where liquidator seeks order to pay distributions into Court pursuant to r 18.03(1)(b) of the Federal Court Rules 2011.
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R & B Directional Drilling Pty Ltd (in liq) v CGU Insurance Limited (No 2) [2019] FCA 458

FCA Decision regarding INSURANCE – exclusions – property in physical or legal control – tunnel was in physical control of applicant.
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