The Petal: Australian Case Law Daily from JADE OpenLaw

The Petal: Australian Case Law Daily from JADE OpenLaw

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The Petal: Australian Case Law Daily from JADE OpenLaw episodes

  • Victorian Reports (Volume 80)

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    The pilot of The Petal: Victorian Reports. From our outdoor broadcast desk on William Street, Melbourne, and then the Royal Botanic Gardens, the desks take all twenty one reports in volume 80 of the Victorian Reports, the authorised reports of the Supreme Court of Victoria, published by Little William Bourke on behalf of the Council of Law Reporting in Victoria, and ask why each case earned its place in the authorised series and why it matters to practitioners and to those becoming experts. Why reported is The Petal's reading, not the editors' reasons. House spot: a word from JADE. Every report in the series is at victorianreports.com.au.

    How the Court of Appeal speaks, and where the courts' own powers stop (Practice and Procedure Desk)

    • Northern Grampians Shire Council v Fox 80 VR 455 [2026] VSCA 214 — Five judges: an extension of time under s 23A Limitation of Actions Act is reviewed with judicial restraint (House v The King); the test is whether the criterion tolerates more than one permissible outcome, not whether it is binary. Leave refused; trial to come. JADE · Victorian Reports
    • Al Bikai v Magistrates' Court of Victoria 80 VR 270 [2026] VSC 68 — The Magistrates' Court may order costs in a criminal proceeding after final orders are entered; no implied time limit; Mansell v Keating clearly wrong. Costs application to be heard. JADE · Victorian Reports
    • Susman v Oakley Thompson & Co Pty Ltd 80 VR 435 [2026] VSC 298 — A Judicial Registrar's case transfer determination is a judicial act of a superior court and not open to judicial review by a Judge of the Court. JADE · Victorian Reports
    • 1559 High Street Pty Ltd v Camillo Builders Pty Ltd 80 VR 387 [2026] VSCA 129 — No s 109 inconsistency between the Victorian SOP Act judgment regime and the ACL; a corrected determination does not reset the payment date. Appeal dismissed. JADE · Victorian Reports

    Words that carry the case (Public Law Desk)

    • Stretton v CSR Building Products Ltd 80 VR 1 [2026] VSC 91 — Compensation in s 326 WIRC Act means compensation for a Victorian compensable injury, so interstate scheme payments do not trigger the serious injury gateway. Appeal allowed; orders to come. JADE · Victorian Reports
    • EnergyAustralia Yallourn Pty Ltd v Coinvest Ltd 80 VR 330 [2026] VSCA 80 — No substantial character test for the construction industry portable long service leave scheme; in-house power station outage maintenance is caught and not routine or minor. Appeal dismissed. JADE · Victorian Reports
    • Intrapac Ellarook Pty Ltd v Wyndham City Council 80 VR 94 [2025] VSC 549 — Potential government school in a precinct structure plan means possible, not actual; the PSP is not a source of power. Appeal allowed; remitted to VCAT. JADE · Victorian Reports
    • Ray v Zovi 80 VR 17 [2026] VSC 258 — A notice to vacate on the head renter alone cannot found possession against subtenants (ss 334, 91R, 91ZZJ RTA). Possession order set aside. JADE · Victorian Reports
    • Mishra v NBN Co Ltd 80 VR 25 [2026] VSC 254 — Whistleblower compensation under s 1317AD turns on the actor's belief or suspicion of a qualifying disclosure, not awareness of disclosable information. Dismissed. JADE · Victorian Reports

    Land, security and insolvency (Commercial Law Desk)

    • Secure Funding Pty Ltd v Grummett 80 VR 200 [2026] VSC 225 — No automatic revesting of causes of action on discharge from bankruptcy; a former bankrupt needs an assignment or the trustee's consent. JADE · Victorian Reports
    • Shift Finance Australia Pty Ltd v Accruity Group Pty Ltd 80 VR 279 [2026] VSC 226 — A court of competent jurisdiction under s 89A TLA includes interstate courts able to grant the relief; prima facie abuse of parallel proceedings displaced. JADE · Victorian Reports
    • Orde Mortgage Custodian Pty Ltd v Gazzard (No 2) 80 VR 72 [2026] VSC 202 — Discharge of a mortgage only on payment of all that is due, including a disputed balance; stay pending conditional refinance refused. JADE · Victorian Reports
    • Zhou v Australian Securities and Investments Commission 80 VR 291 [2026] VSC 236 — Extension beyond twelve months under s 203AA and an order fixing the earlier resignation date. JADE · Victorian Reports

    Wills, trusts and co-owners (Practice and Procedure Desk)

    • Re Southey 80 VR 422 [2025] VSC 801 — A residuary gift to a beneficiary found not to exist as the deceased understood, or at all, fails; the gift over is saved by the rule in Jones v Westcomb. JADE · Victorian Reports
    • Re Estate of Gepp 80 VR 62 [2026] VSC 375 — Post-grant conduct can support revocation of probate, on the principles for removal; application refused. JADE · Victorian Reports
    • Re Annecto Nominee Incorporated (in liq) 80 VR 300 [2026] VSC 292 — Judicial guidance that liquidators of a charitable trustee may distribute to an operating charity with similar purposes; a charitable trust is for a purpose, not a person. JADE · Victorian Reports
    • Lake Eildon Country Club Ltd v Marchelleen Pty Ltd 80 VR 375 [2026] VSC 436 — Trustees for sale appointed to consolidate and sell a 1,386-title timeshare resort under Pt IV PLA; lease surrender power; distribution scheme. JADE · Victorian Reports

    Criminal law, with restraint (Criminal Law Desk). Sexual offence matters, reported as legal doctrine only; no complainant identified.

    • Hameed (a pseudonym) v The King 80 VR 131 [2026] VSCA 48 — Five judges: a ss 342/349 ruling concerns the admissibility of evidence; Hurst plainly wrong; s 296 review is a search for error. Trial pending; presumed innocent. JADE · Victorian Reports
    • Duffield (a pseudonym) v The King 80 VR 360 [2026] VSCA 158 — Familial DNA searching is permissible matching under s 464ZGI Crimes Act. Appeal dismissed. Trial pending; presumed innocent. JADE · Victorian Reports
    • Pamic v The King 80 VR 80 [2026] VSCA 173 — An adult sentenced for offending as a child is sentenced under s 5(1) Sentencing Act; deterrence and denunciation moderated for immaturity. Appeal dismissed. JADE · Victorian Reports
    • Glascott v The King 80 VR 167 [2026] VSCA 42 — Missing the three-month special hearing limit under s 14F(5) CMIA does not invalidate the hearing; the permanent stay is the safety net. Special hearing pending; presumed innocent. JADE · Victorian Reports

    Every case is linked to JADE and to the authorised report at victorianreports.com.au. This program is not legal advice. Voices are AI-generated.

    Theme music by Michael Green SC.

    31 min
  • Australian Tribunals (20 October 2026)

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    Seventeen decisions from five tribunals and the Trade Marks Office in the Tribunals edition of Tuesday 20 October 2026, nine with headnotes, one reported as doctrine. Why an access applicant's own lawyer can be sent out of a closed hearing, but only on the tribunal's own view; who must prove when strata owners first knew of a breach; why a default decision refused without reasons fell; and six trade mark rulings on the evidence that counts.

    Tribunals Desk: a closed hearing and the lawyer sent out (lead).

    • Mason v Secretary, Department of Communities and Justice; Secretary, Department of Communities and Justice v Mason [2026] NSWCATAP 325 - "disclosure" in s 107(3)(b) GIPA Act includes disclosure to the applicant's legal representative, who must be excluded once the opinion is formed, undertaking or not; the Tribunal must form its own opinion for each person; a claim attaches to the primary records, not derivative material; reliance on a consideration (cl 4(d)) may be withheld only where notifying it would itself disclose; "disclosure" in s 257 CAS Act includes verifying unsourced reports; cl 3(a) "reveal" unless already lawfully public; reasons that confirm withheld content breach s 107(1). Access appeal allowed and remitted; confidentiality appeal allowed in part. JADE

    A word from JADE.

    Tribunals Desk: late warranty claims and who proves what the owners knew.

    • Raysons Constructions Pty Ltd v The Owners – Strata Plan No 87003 [2026] NSWCATAP 324 - the owners corporation bears the onus under s 18E(1)(e) Home Building Act 1989 (NSW) and must prove, breach by breach, whose knowledge counts and when awareness of the breach of warranty (not the defect) arose; a major defect under s 18E(4)(a) is distinct from a s 18B breach; conclusory reasons and an ignored repairs argument were errors. Appeal allowed, remitted to a different member, costs to the builder. JADE

    Tribunals Desk: a default decision and a parcel tracked to the suburb.

    • Rui Yang Investments Pty Ltd v Excavator Edge Pty Ltd [2026] QCATA 147 - refusing to set aside a default decision without reasons is an error of law; the r 45 considerations, above all a good prima facie defence, must be weighed; non-receipt does not displace s 39A AIA deemed service, but non-delivery may. Leave granted, default set aside, remitted. JADE

    Tribunals Desk: six trade marks and the evidence that counts.

    • Opposition by Shiyu Zhang to application under section 92 of the [2026] ATMO 185 - public Amazon pages do not identify the seller; invoice irregularities; INNERNEED removed for non-use. JADE
    • Trade mark application numbers 2467350 (class 2) and 2477200 (classes 8 and 16) – [2026] ATMO 194 - a descriptive shared element ("mini") carries reduced weight; no monopoly in the plain word; to acceptance. JADE
    • Opposition by Blakers Thompson Pty Ltd to registration of trade mark application number 2435499 (5) - [2026] ATMO 177 - VIRKILL deceptively similar to VIRUKILL, but honest concurrent use under s 44(3) established; opposition rejected. JADE
    • Trade mark application number 2429325 (classes 9, 35, 37 and 39) - JUST GO GREEN - in the name of Green.com.au Pty Ltd [2026] ATMO 193 - a descriptive exhortation not capable of distinguishing under s 41; post-filing use irrelevant; rejected. JADE
    • Opposition by Woodtree Australia Pty Ltd as trustee for Universal Gift Traders Australia Trust to registration of trade mark application number [2026] ATMO 179 - composite mark assessed as a whole; business name, domain name and social media page are not use without more; opposition rejected. JADE
    • Opposition by Careen Redman to registration of trade mark application number 2422916 (class 35) – humaneer (figurative) - in the name of Kristy-Jai Chantrey [2026] ATMO 178 - late evidence without the fee taken not filed (reg 21.19); consultancy not similar to education services; opposition dismissed. JADE

    Registry and the thread (no outcome stated).

    • Hitchins v Secretary, Department of Customer Service [2026] NSWCATOD 137 - synopsis: all reasonable steps to avoid liquidation, ss 33C(3), 33D(2) Home Building Act. JADE
    • Reimers v Health Care Complaints Commission (No 2) [2026] NSWCATOD 136 - synopsis: summary dismissal under s 55(1)(b) NCAT Act, abuse of process and finality (framework only). JADE
    • Combe & Anor v Tea Tree Gully Council [2026] SACAT 92 - synopsis: extension of time under s 72(3) Dog and Cat Management Act 1995 (SA). JADE
    • Mydlak v Cassoudakis [2026] SACAT 94 - synopsis: Form 7 notices, the family occupation ground and retaliatory termination, Residential Tenancies Act 1995 (SA). JADE
    • Paramedicine Board of Australia v Naudi [2026] VCAT 877 - synopsis: s 196 National Law, Briginshaw and sanction factors (framework only). JADE
    • Game v Corporate Affairs Commission [2026] SACAT 93 - list only (administrative appeal). JADE
    • Taylor v Queensland Police Service – Weapons Licensing [2026] QCAT 486 - list only (weapons licensing). JADE
    • Roebuck v Mooney (No 2) [2026] QCAT 422 - list only (building defects). JADE

    The thread: proof, and whose job it is. A tribunal forms its own view, person by person; owners prove when they knew; an adjudicator gives reasons; a trade mark owner proves who sold the goods.

    Case notes

    Mason v Secretary, Department of Communities and Justice [2026] NSWCATAP 325 - Seiden SC DCJ, Deputy President, and J Redfern PSM, Senior Member, 20 October 2026. Signal: Doctrine; Practice & Procedure. GIPA Act ss 13, 14(2), 107; CAS Act s 257; NCAT Act ss 62(3), 63(1), 80. Held also: the failure to consider whether the bare fact of reliance could be disclosed was a misapprehension of the task; apprehended bias rejected; remitter to a differently constituted Tribunal. Why aired: who may sit in a GIPA closed hearing, and what an agency can keep back.

    Raysons Constructions Pty Ltd v The Owners – Strata Plan No 87003 [2026] NSWCATAP 324 - G Sarginson, Deputy President, and D Goldstein, Senior Member, 20 October 2026. Signal: Practice & Procedure. HB Act ss 18B, 18E, 48K; NCAT Act ss 60(3)(d), 80(2), 81(1)(d). Held also: special circumstances costs for complexity out of the ordinary. Why aired: the onus and proof for late strata warranty claims.

    Rui Yang Investments Pty Ltd v Excavator Edge Pty Ltd [2026] QCATA 147 - Member Munasinghe, 15 October 2026. QCAT Act s 142(3)(a)(i); QCAT Rules r 45; AIA (Qld) s 39A. Why aired: reasons and the merits defence on every set-aside application.

    Trade Marks Office - ATMO 185 (Tracey Berger, 25 September 2026; ss 92(4)(a), 100(1)); ATMO 194 (Debrett Lyons, 2 October 2026; ss 33, 44); ATMO 177 (Louise Tuohy, 18 September 2026; ss 44, 58, 58A, 60); ATMO 193 (Bogdan Mitic, 2 October 2026; s 41); ATMO 179 (Benjamin Goldsworthy, 22 September 2026; ss 41, 58); ATMO 178 (Tracey Berger, 18 September 2026; s 44, reg 21.19). Why aired: the evidence that wins and loses trade mark contests.

    A health practitioner disciplinary matter and a practitioner's registration dispute are reported by their legal frameworks only; no one is identified. Mason, Raysons and Rui Yang return to the tribunals; nothing here predicts any outcome. Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

    12 min
  • New South Wales (20 October 2026)

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    Thirteen decisions from three courts in the New South Wales edition of Tuesday 20 October 2026, three of them headnoted. A small business restructuring does not stop the clock on a creditor's statutory demand: a winding up application is governed by s 453Q, not the s 453S stay, so s 458C does not extend the three-month presumption window, and without the presumption a creditor whose debt is genuinely disputed lacks standing. The Court of Appeal construes a release in a council settlement deed narrowly but finds it reaches re-labelled judicial review claims, and holds that refusing a building information certificate is certification, not enforcement action. And in the Land and Environment Court, landscaping over a basement counts as landscaped area under the Housing SEPP, and the affordable housing bonus has to go somewhere. Ten list-only decisions on the registry. The Court of Appeal decision also features in the Court of Appeal brief of the same day; here it gets the New South Wales angle.

    Commercial Law Desk (opening story).

    • In the matter of Able Technology Group Pty Ltd [2026] NSWSC 1283 - (Nixon J, 20 October 2026) winding up application and amendment application dismissed with costs. A failure to comply with a statutory demand more than three months before the application is filed does not engage the presumption of insolvency in s 459C(2)(a) of the Corporations Act 2001 (Cth). The company appointed small business restructuring practitioners on the last day for compliance; but a winding up application against a company under restructuring is governed by s 453Q alone and is not within the s 453S stay, construed consistently with the identically framed ss 440D and 440A in Pt 5.3A, so the creditor was not prevented from applying and s 458C did not extend the period. Without the presumption, s 459S does not stop the company disputing the debt, and a creditor whose status rests on disputed or unclear rights lacks standing under s 459P(1)(b): serious questions arose about the company's s 925A rescission for want of an Australian Financial Services Licence, its knowledge and any affirmation. A prospective costs order founds contingent creditor status only where a proper basis for it exists. The validity of the rescission was not decided; nothing here predicts it. JADE

    Practice and Procedure Desk (also in the Court of Appeal brief).

    • Hurley v Tweed Shire Council [2026] NSWCA 219 - (Ward A-CJ, Payne and Stern JJA, 20 October 2026) leave to appeal refused, with costs. A release is construed narrowly, its general words confined to matters specially in the parties' contemplation, read with the recitals and the deed as a whole, but later proceedings need not be identical if sufficiently closely related: Class 4 judicial review proceedings re-agitating existing use rights fell within a release in a deed settling Class 1 challenges to development control orders. Post-deed evidence is irrelevant to construction. Assessing and refusing a building information certificate under Pt 6 Div 6.7 of the Environmental Planning and Assessment Act 1979 (NSW) is certification, not enforcement action of the Pt 9 kind, so the council's undertaking was not breached. Leave from an interlocutory judgment of the Land and Environment Court needs an issue of principle, public importance or reasonably clear injustice, especially where the appeal lacks utility after the land is sold; leave is not granted simply to address costs save in the most compelling case; costs follow the event despite self-representation. JADE

    Public Law Desk.

    • Antipodean Building Group Pty Ltd v Randwick City Council [2026] NSWLEC 1701 - (O'Neill C, 20 October 2026) appeal upheld and consent granted for a seven-storey affordable housing residential flat building under the low and mid rise provisions of the State Environmental Planning Policy (Housing) 2021; the applicant to pay costs thrown away by the amendment at hearing. The Sch 10 definition of landscaped area focuses on ground level and does not exclude landscaping over a basement, unlike the deep soil zone definition, so the s 19(2)(b)(ii) standard was met. Visibility as a backdrop to a heritage conservation area is not of itself unacceptable; bonus floor space must go somewhere, and building bulk is measured by floor space ratio, not apartment size. The desired future character of a transitioning precinct is shaped primarily by the SEPP's Chs 2 and 6 while in force. Design excellence under cl 6.11 of the Randwick LEP 2012 is a jurisdictional precondition, its matters outcomes not topics. The amending instrument saved only the inserted s 22A, so neither it nor the omitted parking standards applied; ADG Part 3J governed. A commissioner's decision. JADE

    Registry (list-only decisions, no headnote, no outcome stated). Supreme Court of New South Wales.

    • Campbell bht Mammoliti v Ritchie (No 2) [2026] NSWSC 1294 - list only (costs orders). JADE
    • Prime Capital Securities Pty Ltd v Risteski [2026] NSWSC 1282 - list only (mortgages). JADE
    • Irvine v Dowling [2026] NSWSC 1296 - list only (interlocutory orders). JADE
    • Rizk v Benjamin [2026] NSWSC 1292 - list only (interlocutory orders). JADE
    • Kanjrawi by his tutor Stuart Gray v South Eastern Sydney Local Health District (No 2) [2026] NSWSC 1293 - list only (settlement approval). JADE
    • In the matter of Regional Express Holdings Ltd (No 2) [2026] NSWSC 1290 - list only (directors' duties). JADE
    • Loewenthal v Universal Music Publishing Pty Limited [2026] NSWSC 1291 - list only (security for costs). JADE
    • MC Coronam Pty Ltd v Crown [2026] NSWSC 1289 - list only (guarantee enforcement). JADE

    Land and Environment Court of New South Wales.

    • Jenner v Northern Beaches Council [2026] NSWLEC 1702 - list only (development consent). JADE
    • Bilbul Renewable Energy Pty Ltd v Griffith City Council [2026] NSWLEC 1703 - list only (development consent modification). JADE

    Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

    11 min
  • Australian Federal Courts (20 October 2026)

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    Twelve decisions in the Federal Courts edition for Tuesday 20 October 2026, all from the Federal Court of Australia, two with full headnotes. The opening story: the public interest in early settlement through an effective mediation can make a suppression or non-publication order necessary under s 37AG(1)(a) of the Federal Court of Australia Act 1976 (Cth), but only passage by passage, for particular allegations whose publication would harm the mediation's prospects, and never in the abstract over a document not yet filed. Then a patent infringement case lost on one express integer after the patentee disclaimed mechanical equivalents, with lessons on expert evidence outside an expert's field and on briefing experts before they see the accused product; substituted service by email and WhatsApp on an overseas respondent; and default judgment refused where the relief was pleaded on the wrong statutory basis. No Full Court decision on Tuesday.

    Practice and Procedure Desk (opening story).

    • Raniga v Charter Keck Cramer Pty Ltd [2026] FCA 1551 (Stellios J, 20 October 2026) - suppression, non-publication and confidentiality orders pending a consent mediation granted in part: the public interest in early settlement through effective mediation may be weighed in deciding necessity under s 37AG(1)(a), but each part of the order must be shown necessary by the effect of the information on the prospects of a successful mediation; passages containing or implying particular allegations of serious or acrimony-feeding conduct suppressed, including high-level allegations and those against associated persons, and introductory words suggesting wrongdoing redacted; general evidence of harm, denials, the referral to mediation, the prospect of confidential settlement and statements that the allegations are serious not suppressed; no order in the abstract over an unfiled concise statement in response; orders under ss 37AF and 37AG(1)(a) and r 2.32(1)(b) of the Federal Court Rules 2011 (Cth) until 7 days after the mediation, carving out the mediator. The underlying claims are untested allegations still before the Court; costs are yet to be decided. JADE

    Commercial Law Desk.

    • OrthAlign, Inc v Navbit Pty Ltd [2026] FCA 1542 (O'Bryan J, 20 October 2026) - infringement application and revocation cross-claim over an innovation patent for a hip joint navigation system both dismissed: "round inner surface configured to receive a round outer surface" requires some contact between round surfaces, not full mating contact; every essential integer must be taken, an express integer in clear language will rarely be inessential, and the patentee's disclaimer of mechanical equivalents (including Actavis UK Ltd v Eli Lilly & Co [2017] UKSC 48) was fatal; separate clamp members and a round knob not required; a claim narrower than the disclosure is supported (s 40(3) of the Patents Act 1990 (Cth)); the challenger bears the enablement onus under s 40(2)(a) and bare assertions do not discharge it; the utility promise is identified by the claimed embodiment; expert opinion outside a witness's field given limited weight under s 79 of the Evidence Act 1995 (Cth), and an expert's construction influenced, at least unconsciously, by knowledge of the accused product; innovative step abandoned though of considerable force (obiter). Costs to be determined on the papers. JADE

    Practice and Procedure Desk (synopses only).

    • Grigorovich v Newsome trading as Envirotech AU [2026] FCA 1549 (Colvin J, 20 October 2026) - substituted service under r 10.24 FCR available against respondents outside Australia without first attempting Hague Convention service; the not practicable test and the reasonably satisfied standard; the evidence for service by email and WhatsApp. JADE
    • King (Trustee) v Hockings (No 2) [2026] FCA 1537 (Stellios J, 20 October 2026) - default judgment under r 5.23 FCR decided on the pleading, the relief to be good in law on the face of the statement of claim; dismissed where recovery was pleaded as a debt under inapplicable provisions of the Bankruptcy Act 1966 (Cth); no recharacterising at hearing. JADE

    Also on the docket (synopsis or list only; no outcome stated in the edition).

    • YVXP v Minister for Immigration and Citizenship [2026] FCA 1544 (Downes J, 13 October 2026) - Direction No 110 under the Migration Act 1958 (Cth): the cl 5.2 principles and cl 8.5, and the cl 5.2(6) higher-tolerance principle. JADE
    • SXHR v Minister for Immigration and Citizenship (No 2) [2026] FCA 1548 (Stewart J, 20 October 2026) - Direction No 110 in s 501 bridging visa refusals; legal unreasonableness; an alternative finding and materiality. JADE
    • Dabea v Minister for Immigration and Citizenship [2026] FCA 1547 (Raper J, 20 October 2026) - judicial review. JADE
    • Gemi Asset Management Pty Ltd v Australian Securities and Investments Commission [2026] FCA 1562 (Lee J, 19 October 2026) - costs orders. JADE
    • Clark v Registrar of Titles (No 3) [2026] FCA 1556 (Colvin J, 20 October 2026) - summary judgment. JADE
    • Toyota Finance Australia Pty Ltd v Hanna [2026] FCA 1555 (Lenehan J, 20 October 2026) - personal insolvency. JADE
    • Qinao Lianchuang (Zhuhai) Development Co., Ltd v Shandong Yulong Gold Co., Ltd (Evidence Abroad) [2026] FCA 1554 (Younan J, 15 October 2026) - interlocutory orders. JADE
    • United Petroleum Pty Ltd v Qadir [2026] FCA 1565 (Rofe J, 20 October 2026) - subpoenas. JADE

    Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

    11 min
  • Australian Courts of Appeal (20 October 2026)

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    Five headnoted appellate decisions from three courts in the edition of Tuesday 20 October 2026, with the Queensland, Western Australia and Victoria editions of the same day folded in. Amending to add a possibly statute-barred claim, and why the amendment cannot be deferred; construing a release in a settlement deed with a council; a Crown appeal won on the custodial portion of a sentence; refusing to suspend a sentence for child sexual offending; and the direction on differences in a complainant's account. Two matters involving sexual offences against children are reported as legal doctrine only.

    Practice and Procedure Desk (opening story).

    • LK Smith Holdings Pty Ltd v FJA Holdings Pty Ltd [2026] QCA 209 - leave under r 376(4) Uniform Civil Procedure Rules 1999 (Qld) to add a new cause of action is available only where the court determines that the limitation period has ended; where expiry cannot fairly be determined, the court applies the Mokrzecki v Popham approach and the power comes from r 375 or s 16(2) Civil Proceedings Act 2011 (Qld); the amendment then takes effect from the date of the original pleading under r 387(1), and deferring it because expiry is uncertain is a House v The King error; "appropriate" does not mean "appropriate conditionally"; a r 379 disallowance application is subsumed in the leave application; delay explained by a solicitor's workload, potential not actual prejudice. Appeal allowed; the deferral order set aside; the claim proceeds to trial with limitation still open (Bond and Boddice JJA, Crowley J; also the Queensland edition). JADE

    Commercial Law Desk.

    • Hurley v Tweed Shire Council [2026] NSWCA 219 - a release in a deed of settlement is construed narrowly, its general words confined to matters specially in the contemplation of the parties and read with the recitals and the deed as a whole, but later proceedings need only a sufficiently close relationship to the settled subject matter; judicial review proceedings reagitating existing use rights were caught despite a change of class, target and theory; post-deed evidence irrelevant; assessing and refusing a building information certificate is certification, not enforcement action; leave from an interlocutory judgment of the Land and Environment Court refused for want of principle, injustice or utility after the land was sold, and not granted simply to address costs. Leave refused (Ward A-CJ, Payne and Stern JJA; also in today's New South Wales brief). JADE

    Criminal Law Desk.

    • R v Bean; Ex parte Attorney-General (Qld) [2026] QCA 208 - on an Attorney-General's appeal under s 669A(1) Criminal Code (Qld), the objective circumstances and the s 9(1) purposes bear on the custodial portion as well as the head sentence; for dangerous operation of a vehicle causing grievous bodily harm, public safety through deterrence and denunciation has primacy, and moral culpability is relevant under s 9(2)(d) Penalties and Sentences Act 1992 (Qld) but not given primacy; under Verdins principle 2 impaired mental functioning may require release under parole supervision rather than a suspended sentence; the prosecutor's concessions no bar to intervention. Appeal allowed; resentenced, with parole eligibility after 18 months (Bond and Doyle JJA, Crowley J; also the Queensland edition). JADE
    • ROBINSON (a pseudonym) v The State of Western Australia [2026] WASCA 147 - a ground that a sentence is manifestly excessive as to type alleges implied error, asking whether it was reasonably open to be positively satisfied that suspension was inappropriate; suspension must be assessed whenever the term is 60 months or less; seriousness is an evaluative judgment; delay and ordinary mitigating factors not unusual or exceptional; situational offending neutral; consistency in principle, not numbers; cases where leave was refused mark no upper limit. Leave to appeal refused; appeal dismissed (Mitchell, Archer and Seaward JJA; also the Western Australia edition; legal doctrine only). JADE
    • R v HDE [2026] QCA 207 - the precondition to the s 103ZY Evidence Act 1977 (Qld) direction on differences in the complainant's account is not confined to the account of the sexual offending, and extends to any difference relevant to truthfulness or reliability; the direction was mandatory and correctly given; totality for a partly concurrent sentence; parole eligibility flowing from a serious violent offence declaration not manifestly excessive; PowerPoint slides used in a summing up should be marked for identification. Appeal dismissed; leave to appeal against sentence refused (Mullins P, Bond and Bradley JJA; also the Queensland edition; legal doctrine only). JADE

    Registry (Victoria edition, listed without a headnote; no outcome stated).

    • Hunt v Stephan (No 1) [2026] VSC 677 - Victoria; interlocutory orders (Harris J). JADE
    • RB v Chief Commissioner of Victoria Police [2026] VSC 684 - Victoria; offender registration (Clements J). JADE

    Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

    14 min
  • New Zealand Edition (20 October 2026)

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    The Petal's New Zealand edition for Tuesday 20 October 2026 carries 2 decisions newly reported from the Supreme Court, both on leave to appeal. A quiet day, loud lead: why tikanga Māori, He Whakaputanga and an asserted rangatira status supply no defence to ordinary drugs and firearms offences, and why the Supreme Court would not hear the argument; plus a leave grant to watch.

    Criminal Law Desk (lead).

    • Slack v The King [2026] NZSC 152 - the law on parliamentary sovereignty and the universal application of the criminal law is well settled and does not require further consideration by the Supreme Court; nothing suggested that tikanga Māori, He Whakaputanga or the applicant's asserted Rangatira status could provide a defence to ordinary crimes under the Misuse of Drugs Act 1975 or the Arms Act 1983; no question of general or public importance and no appearance of a miscarriage arose, so it was not necessary in the interests of justice to hear the appeal (s 74 of the Senior Courts Act 2016); leave to file reply submissions refused because nothing in them affected the conclusion on leave. Applications for leave to appeal and for leave to file reply submissions dismissed (Kós, Cooke and Campbell JJ, 20 October 2026). JADE

    Registry.

    • Wairarapa Moana ki Pouākani Inc v Attorney General [2026] NZSC 153 - leave to appeal granted, no reasons given; the approved question is whether the Court of Appeal was correct to dismiss the appeal (from Wairarapa Moana ki Pouākani Inc v Attorney-General [2026] NZCA 255) (Ellen France, Williams and Campbell JJ, 20 October 2026). JADE

    The appeal in Wairarapa Moana ki Pouākani Inc v Attorney General is still to be heard in the Supreme Court; nothing in this episode predicts its outcome.

    Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

    5 min
  • New Zealand Edition (19 October 2026)

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    The Petal's New Zealand edition for Monday 19 October 2026 carries 7 decisions newly reported from the Court of Appeal and the High Court. A quiet day, four at desk length: why a mortgage application could not create an express trust of a farm, and why a constructive trust still earned a second caveat; indemnity costs for an unsigned, undated statutory demand that appeared to come from an AI debt collection service; a starting point too high for personal-use possession, and an end sentence that still stood; and admissions, EM bail and a firearms prohibition order at sentencing. Plus a short registry.

    Commercial Law Desk (lead).

    • Kooiman v Makara Fern Limited [2026] NZHC 3133 - an express trust relating to land must be created in writing signed by the settlor under s 25(2) of the Property Law Act 2007; a mortgage application signed by a trustee, made to obtain finance and referring to shares rather than the land, did not suffice, so the caveat lapsed under s 143 of the Land Transfer Act 2017; leave to lodge a second caveat under s 146 is an indulgence requiring careful scrutiny of the strength of the claim, any explanation for the lapse and unavoidable prejudice; a reasonable expectations constructive trust (Lankow v Rose) was reasonably arguable despite a company structure, with farm work and animal care as contributions; no further undertaking as to damages where it would lack substance; the second caveat should refer expressly to a constructive trust. Caveat to lapse; leave granted on condition substantive proceedings issue and are diligently prosecuted (Associate Judge Skelton, 12 October 2026). JADE

    Practice and Procedure Desk.

    • TW Civil & Infrastructure Ltd v Mac Civil Construction Ltd [2026] NZHC 3174 - to set aside a statutory demand under s 290(4)(a) of the Companies Act 1993 the applicant need only show a fairly arguable basis on which it is not liable; a dispute recorded in a contemporaneous formal notice under the subcontract met that by some margin; under r 14.6(4) of the High Court Rules 2016 indemnity costs are exceptional, but were awarded where the debt was clearly disputed, the creditor failed to engage, the demand was unsigned, undated and not issued through solicitors (apparently generated by an AI debt collection service), and a warning of indemnity costs was ignored. Demand set aside with indemnity costs (Associate Judge Wild, 14 October 2026). JADE

    Criminal Law Desk.

    • McLaren v Police [2026] NZHC 3088 - a starting point at the statutory maximum for possession of methamphetamine is not warranted where possession reflects only the offender's addiction, with no finding of supply and a quantity well under the presumption for supply; but an error in the starting point does not require appellate intervention unless the end sentence is manifestly excessive or wrong in principle (s 250(2) of the Criminal Procedure Act 2011). Appeal against sentence dismissed (Andrew J, 7 October 2026). JADE
    • R v Sili [2026] NZHC 3020 - facts admitted under s 9 of the Evidence Act 2006 are part of responsible participation in trial and attract no credit under s 9(2)(fa) of the Sentencing Act 2002; a late plea earned five per cent on one charge only; discounts of 30 to 50 per cent of time on electronically monitored bail are common, and 50 per cent is not a ceiling; a firearms prohibition order under s 39A of the Arms Act 1983 was necessary, reasonable and appropriate. End sentence of three years and two months' imprisonment (Dunningham J, 1 October 2026). JADE

    Registry.

    • McKinlay v The King [2026] NZCA 497 - a sentence appeal dismissed under s 338 of the Criminal Procedure Act 2011 for non-compliance with directions after notice; the residual discretion is guided by the interests of justice (French P, Thomas and Collins JJ, 12 October 2026). JADE
    • Alexander v Ciobo [2026] NZHC 3104 - consent orders must be complied with and cannot be varied unilaterally; particular discovery under r 8.19 of the High Court Rules 2016 turns on relevance against the pleadings, grounds for belief and proportionality; client-identifying documents produced to counsel only (Associate Judge Cogswell, 8 October 2026). JADE
    • Baker v Chief Ombudsman [2026] NZHC 3093 - leave under s 164C(5) of the Senior Courts Act 2016 for a restrained litigant: no statutory test, strike-out considerations do not apply, and the applicant should at least identify some special justification; leave declined (Grau J, 8 October 2026). JADE

    The caveat dispute in Kooiman and the trustee proceeding in Alexander continue; nothing in this episode predicts their outcome.

    Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

    11 min
  • Australian Tribunals (19 October 2026)

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    Five tribunals and thirty four decisions in the Tribunals edition of Monday 19 October 2026, four with headnotes, one flagged as doctrine and practice and procedure. Why a domestic violence termination shields a tenant from the costs of leaving but not the cleaning bill for a breach; why a restaurant bench was not a building; why a delivery label that demands a signature had to be justified; and why salon rooms licensed to freelancers did not make a retail shop lease.

    Tribunals Desk: domestic violence terminations and the cleaning bill (lead; reported as legal doctrine only).

    • Nair & Anor v Kelso [2026] QCATA 78 - s 308G(2)(a) Residential Tenancies and Rooming Accommodation Act 2008 (Qld) excludes costs arising because the tenancy ended (such as reletting), not liabilities for breach of s 188(4), which stay recoverable under s 420 on proof of breach, loss and amount; character fixed by legal source, not timing; abandoned goods may fall within s 308G(2)(b); minor civil dispute costs limited to the filing fee (s 102(2), r 83), on appeal too. Leave granted, appeal allowed, decision substituted under s 146(c). JADE

    Tribunals Desk: when a restaurant bench is a building.

    • Okuri Pty Ltd v ZakZak Company t/as Duckfat Brisbane [2026] QCAT 479 - a decisive issue must be put to self-represented parties (ss 29(1)(a)(ii), 95(1) QCAT Act); improvement under ss 75-76 QBCC Act tested by the fixtures analogy; the regulator's opinion irrelevant to the legal question; equitable set-off is a counter-application barred in a minor debt claim (r 48(3)). Leave granted, appeal allowed, invoice ordered paid. JADE

    Tribunals Desk: signing for medicine at the door.

    • Longley v Montu Group Pty Ltd [2026] QCAT 482 - indirect discrimination under s 11 Anti-Discrimination Act 1991 (Qld): the term and comparator; inability to comply means serious disadvantage, not inconvenience; reasonableness onus on the respondent (s 205); the s 106(1)(a) exemption limited to provisions in force in 1992 and governing the act when done. Complaint upheld; $20,000 compensation without medical evidence. JADE

    Tribunals Desk: when a shop lease is not a shop lease.

    • Freedom Suites Australia Pty Ltd v WDP Shore 001 Pty Ltd ATF WDP Shore 001 Queen St Village Trust [2026] QCAT 462 - a lessee licensing salon rooms does not carry on a retail business (s 5C, reg 8(1)); use is the lessee's own trade (ss 5A(3)(a), 5B(b)); parties cannot confer jurisdiction by assumption; the s 5A(3) exclusion. Dismissed for want of jurisdiction. JADE

    Registry and the thread (frameworks from synopses; no outcome stated).

    • Homefront Building & Maintenance Pty Ltd v Petkovic [2026] QCAT 475 - synopsis: emailed quote and acceptance under sch 1B QBCC Act and s 14 Electronic Transactions (Queensland) Act 2001; defects without expert evidence. JADE
    • Lent v Queensland Building and Construction Commission [2026] QCAT 471 - synopsis: directions to rectify under s 72 QBCC Act. JADE
    • Vanish Laser Clinic Pty Ltd v Gabba Nominees Pty Ltd [2026] QCAT 463 - synopsis: misrepresentation in a lessor's disclosure statement; reliance; valuation evidence. JADE
    • Queensland College of Teachers v Teacher GGG [2026] QCAT 468 - synopsis, legal framework only: s 92(1)(a), (f) grounds and prohibition proportionality. JADE
    • Beevis v Longview Queensland Pty Ltd [2026] QCATA 149 - synopsis: the s 136B seven-day bond claim timeframe; compensation without common law causation. JADE
    • MIL [2026] QCATA 152 - synopsis, legal framework only: actual and apprehended bias in a guardianship appeal. JADE
    • Collins v Safe Transport Victoria [2026] VCAT 844 - synopsis: driver accreditation after a category 1 offence (s 253(4)). JADE
    • Papadopoulos v Independent Liquor & Gaming Authority [2026] NSWCATAD 311 - synopsis: long-term banning order pre-conditions under s 116G(3)(a1) Liquor Act 2007 (NSW); the charges are untested and the person charged is presumed innocent. JADE

    List only (no outcome stated): Golden Bridge Realty Pty Ltd v Body Corporate for Village on the Park [2026] QCAT 469; Pidd & Ball v Queensland Building and Construction Commission [2026] QCAT 472; Freedom Suits Australia Pty Ltd v Newstead Central Holdings Pty Ltd [2026] QCAT 466; Interlink Developments Pty Ltd v Queensland Building and Construction Commission [2026] QCAT 474; Newman v MYE [2026] QCAT 483; Adacam Pty Ltd v Webb [2026] QCAT 464; Saafim and Anor v Wanli Investments Pty Ltd [2026] QCAT 465; Taylor v Ateco Automotive Pty Ltd [2026] QCAT 470; Csurhes & Anor v Strofield t/as Toecon [2026] QCAT 478; Grech v Brett Collett t/as All About Landscaping [2026] QCAT 477; Rex v Barry Martin t/as Barry's Tiling (No 2) [2026] QCAT 476; LAG v DVA & Ors [2026] QCAT 481; Queensland College of Teachers v Teacher PPO [2026] QCAT 467; BTD v Director-General, Department of Justice - Blue Card Services [2026] QCATA 150; Kimama Holdings Pty Ltd t/as Visual Diversity Homes v Baggott & Ors [2026] QCATA 148; RGM Hospitality Pty Ltd v South Bank Corporation [2026] QCATA 151; I & T Hunt Pty Ltd v Greater Bendigo CC [2026] VCAT 855; Foster v Surf Coast SC [2026] VCAT 856; Mestiola v Melbourne Water Corporation [2026] VCAT 857; Ahamed v Victoria University (No 2) [2026] VCAT 859; Legal Services and Complaints Committee and Singh [2026] WASAT 57 (S); Hannah [2026] WASAT 125.

    Case notes

    Nair & Anor v Kelso [2026] QCATA 78 - Judge Firth, Deputy President, and Senior Member Lember, 15 October 2026. Signal: Doctrine; Practice & Procedure. RTRA Act ss 188(4), (5), 308G(2), 420; QCAT Act ss 100, 102, 146(c); QCAT Rules r 83. Held (joint): carpet cleaning, pest control and top-up cleaning allowed; the lawn claim failed for want of breach; the agent's fee irrecoverable; the appeal filing fee refused on a finely balanced assessment. Why aired: the first appellate construction of s 308G(2)(a), for every end of tenancy claim after a domestic violence notice.

    Okuri Pty Ltd v ZakZak Company t/as Duckfat Brisbane [2026] QCAT 479 - Member Gaffney, 14 October 2026. QBCC Act ss 42, 75-77; QCAT Act ss 14(3), 29, 95, 106, 142, 147, sch 3; QCAT Rules rr 48(3), 49(2). Held also: a dispute about value does not convert a contract claim into quantum meruit; a separate proceeding for defects remains open. Why aired: fairness, fixtures and set-off rules for every minor debt claim.

    Longley v Montu Group Pty Ltd [2026] QCAT 482 - Member P Roney KC, 2 October 2026. AD Act ss 11, 46, 106, 205; MP Regulation reg 78(2). Held also: a direction to amend policy (in effect an injunction) and training refused. Why aired: indirect discrimination, worked through.

    Freedom Suites Australia Pty Ltd v WDP Shore 001 Pty Ltd [2026] QCAT 462 - Member Cosgrave, 15 October 2026. RSL Act ss 5A, 5B, 5C, 103; RSL Regulation reg 8(1), sch 1. Held also: the nil retail area finding provisional so far as a fitness tenant's sales were ancillary; each party to bear its own costs. Why aired: retail protection and jurisdiction for room-licensing models.

    A tenancy ended by a domestic violence notice is reported as legal doctrine only, and a teacher disciplinary matter and a guardianship appeal by their legal frameworks only; no one is identified. The liquor banning review turns on untested criminal charges; the person charged is presumed innocent. Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

    12 min
  • New South Wales (19 October 2026)

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    Seven decisions from two courts in the New South Wales edition of Monday 19 October 2026, one of them headnoted. A quiet list, with a first: the Supreme Court holds that its inherent power extends, in extremely rare cases, to a confined intervention by the Commonwealth Attorney-General in first instance criminal proceedings where the outcome may define the Commonwealth's powers in relation to foreign powers, but refuses leave because the Commonwealth's interests were wholly aligned with the Crown's and an accused should not face "two Crowns"; the Commonwealth still gets the evidence and submissions to prepare any public interest immunity claim. Six list-only decisions on the registry. The criminal proceedings are pending: the accused is presumed innocent, and nothing here predicts any outcome.

    Criminal Law Desk (the only story; a pending criminal proceeding, the accused presumed innocent).

    • R v Zakaria (No 2) [2026] NSWSC 1279 - (Muston J, 14 October 2026) leave to intervene refused; parties directed to give the Attorney's solicitors all evidence they intend to rely on, any tender bundle, agreed facts and written submissions, on a party's restrictions; otherwise notice of motion dismissed. The accused applied for a permanent stay, alleging (untested) serious misconduct by Commonwealth officers and agencies in his removal to Australia otherwise than by extradition; the Attorney-General sought leave under s 23 of the Supreme Court Act 1970 (NSW) and the inherent jurisdiction to intervene on six confined matters. Although without precedent, the inherent power extends to such a confined intervention where the outcome may define the Commonwealth's prerogatives and statutory powers in relation to foreign powers, but the occasions will be extremely rare given the nature of criminal proceedings and the role of the Crown; a confined role is more akin to an amicus curiae. The Court would not be significantly assisted where the Commonwealth's interests are wholly aligned with the Crown's and its officers' knowledge can be shared with the prosecution; intervention would lengthen the hearing and increase costs, and conditions binding a partial intervener to prosecutorial obligations are of doubtful efficacy; confronting an accused with two adversaries whose approaches may differ, even subtly, risks unfairness and should be avoided where possible. The Commonwealth's ongoing interest, at least in preparing any public interest immunity claim, justified the access order. Practitioners seeking intervention should identify a distinct perspective or material the Crown cannot provide. JADE

    Registry (list-only decisions, no headnote, no outcome stated). Supreme Court of New South Wales.

    • Australian Continuing Legal Education Centre Pty Limited v Philip Bates [2026] NSWSC 1266 - list only (contempt). JADE
    • The Commissioner of the Australian Federal Police v Zhou & Anor [2026] NSWSC 1172 - list only (proceeds of crime). JADE
    • Reisner v Bridge Housing Ltd & Anor [2026] NSWSC 1280 - list only (interlocutory orders). JADE

    Land and Environment Court of New South Wales.

    • Siobhan Bromley v Wollondilly Shire Council [2026] NSWLEC 130 - list only (interlocutory orders). JADE
    • Beningna Pty Ltd v Liverpool City Council (No 2) [2026] NSWLEC 127 - list only (valuation method). JADE
    • Tomtome Pty Ltd v Sutherland Shire Council [2026] NSWLEC 1704 - list only (development consent modification). JADE

    Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

    6 min
  • Australian Federal Courts (19 October 2026)

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    Fourteen decisions in the Federal Courts edition for Monday 19 October 2026, all from the Federal Court of Australia, one with a full headnote. A quiet day, and one decision at depth: under the Ministerial direction that governs revocation of visa cancellations, behaviour is family violence only if it is violent, threatening or other behaviour and it actually coerces or controls a family member or causes them fear, so a listed example such as damaging property is never enough on its own; and the Government's view that family violence is very serious requires regard, not a finding of seriousness. The opening story concerns family violence and is reported as legal doctrine only. No Full Court decision on Monday.

    Public Law Desk (opening story).

    • Smith v Minister for Immigration and Citizenship [2026] FCA 1520 (Wigney J, 15 October 2026) - judicial review of an Administrative Review Tribunal decision affirming a refusal to revoke a mandatory visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) granted: "family violence" in cl 4(1) of Ministerial Direction No 110 has two elements, (i) violent, threatening or other behaviour and (ii) an actual effect of coercing or controlling a family member or causing fear, judged by effect not purpose, so conduct within a listed example (intentionally damaging property) is not family violence unless both are met; the Tribunal made no finding on effect and misconstrued the definition; the majority construction of s 4AB of the Family Law Act 1975 (Cth) in Pickford v Pickford did not bind, MVPF v Minister [2025] FCA 1263 was followed and the minority view preferred; inquisitorial review must apply every element even where the applicant contested only the relationship; cl 8.1.1(1)(a)(iii) requires regard to the Government's and community's view but does not compel a finding of seriousness, and characterising offending as serious merely "as per" the Direction is non-compliance contrary to s 499(2A) (Lasalo distinguished); cl 8.2(3) required consideration of frequency, cumulative effect and rehabilitation, and a non-violent AVO breach cannot supply frequency; the errors were material (LPDT) and jurisdictional. Decision set aside, remitted to the Tribunal differently constituted; the Minister to pay the costs. The remitted review is yet to be decided. JADE

    From the registry (synopsis or list only; no outcome stated in the edition).

    • Onyema v Commonwealth of Australia (as represented by the Australian Taxation Office) (extension of time, application for stay) [2026] FCA 1530 (Hill J, 15 October 2026) - lodged versus filed for the s 11 time limit of the Administrative Decisions (Judicial Review) Act 1977 (Cth); e-lodgment under rr 2.21 to 2.25 FCR; the s 15 stay framework. JADE
    • St Clair v Irwin Mitchell LLP, in the matter of St Clair [2026] FCA 1526 (Goodman J, 15 October 2026) - going behind a judgment debt on an application to set aside a bankruptcy notice; pending appeals (Ahern); a registered foreign judgment is the relevant judgment. JADE
    • Kasaragh Investments Pty Ltd as trustee for the Kasaragh Investment Trust v Enablo Pty Limited (No 2) [2026] FCA 1528 (Goodman J, 15 October 2026) - a prayer for relief not moved on treated as abandoned; costs payable forthwith under r 40.13 FCR; indemnity costs. JADE
    • Dunstan, in the matter of an application by Dunstan [2026] FCA 1527 (Goodman J, 15 October 2026) - leave under the vexatious proceedings provisions of the Federal Court of Australia Act 1976 (Cth), ss 37AM to 37AT. JADE
    • Kokkinos (Liquidator), in the matter of JOD Purchasing and Supply Pty Ltd (in Liquidation) [2026] FCA 1533 (Anderson J, 14 October 2026) - shelf extensions of time under s 588FF(3)(b) of the Corporations Act 2001 (Cth). JADE
    • UIL (Singapore) Pte Ltd v Wollongong Coal Limited (No 6) [2026] FCA 1546 (Bennett J, 19 October 2026) - offers of compromise under r 25.14(2) FCR and Calderbank offers; the Hazeldene factors; indemnity costs. JADE
    • AQP23 v Minister for Immigration and Citizenship [2026] FCA 1521 (Wigney J, 15 October 2026) - visa cancellation. JADE
    • First Class Securities Limited v Global Future Holdings Pty Ltd (No 4) [2026] FCA 1525 (Goodman J, 15 October 2026) - security for costs. JADE
    • Lye v Comcare [2026] FCA 1517 (Snaden J, 15 October 2026) - civil appeal, appeal grounds. JADE
    • Mohamedali v Assistant Minister for Citizenship, Customs and Multicultural Affairs [2026] FCA 1531 (Banks-Smith J, 15 October 2026) - judicial review. JADE
    • DHV17 v Minister for Immigration and Citizenship [2026] FCA 1523 (Stellios J, 9 October 2026) - Ministerial intervention. JADE
    • Cull (Liquidator), in the matter of Torbeckin Pty Ltd (In Liquidation) [2026] FCA 1461 (Button J, 5 October 2026) - interlocutory orders. JADE
    • Australian Securities and Investments Commission v NGS Crypto Pty Ltd (No 7) [2026] FCA 1545 (Collier ACJ, 19 October 2026) - interlocutory orders. JADE

    Full typeset judgments are in the Judicial Ledger. Theme music by Michael Green SC.

    8 min

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The Petal is the daily Australian law podcast for lawyers, barristers, law students and anyone who follows the courts. Each weekday it covers the new judgments that matter from the High Court of…