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

  • Queensland (14 September 2026)

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    Two Queensland decisions: a five-star doctrine ruling that the summary time limit applies to an indictable Environmental Protection Act offence prosecuted summarily at the regulator's election, that wilful and simple contravention are distinct offences, and that knowledge of the offence includes knowledge of the culpable state of mind; and the Court of Appeal dismissing an appeal for non-compliance with a security for costs order.

    Public Law Desk.

    • Chief Executive of the Department of the Environment, Tourism, Science and Innovation v Magistrate Kahlert & another [2026] QSC 217 - the s 497 summary time limit applies to an indictable EP Act offence prosecuted summarily at the complainant's election; wilful contravention (s 432(1)) and simple contravention (s 432(2)) are distinct offences; knowledge of the offence requires knowledge of, or reasonable grounds to believe in, the culpable state of mind, not inference from the fact of contravention; certiorari refused with costs. JADE

    Practice and Procedure Desk.

    • Enever v Meyers [2026] QCA 168 - application to set aside $12,000 security dismissed (no financial documentary material, no explanation, no appellable error identified from trial submissions); appeal dismissed under r 774(b) for non-compliance; costs. JADE

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

    7 min
  • New South Wales (14 September 2026)

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    Eight New South Wales decisions: the Equity Division unwinds an intra-family house purchase for unconscionable conduct and settles that a breakdown of a domestic relationship grounds an occupation fee without forcible ouster; a family trust's extension of its fixed period from 50 to 80 years is held valid because the amendment power speaks from the date of exercise; and two synopses supply the frameworks for receivers over trust assets and just and equitable winding up of a special purpose vehicle.

    Commercial Law Desk.

    • Page v Page [2026] NSWSC 1092 - unconscionable conduct made out (special disadvantage: age, ill health, no independent advice, dependence; reciprocal promise never honoured); transaction set aside and contributions unwound; estoppel cross-claim would have been confined to narrow detriment; Baumgartner trust on early failure without blame; occupation fee on breakdown of a domestic relationship without forcible ouster; sale ordered without s 66G trustees. JADE

    Practice and Procedure Desk.

    • Application of Barratt Nominees Pty Ltd (No 2) [2026] NSWSC 1104 - amendment extending the fixed period from 50 to 80 years valid: the 'latest date provided by' the deed is judged when the amendment power is exercised, and the royal lives period was then certain to run past 2041; earlier judgment withdrawn and orders set aside by consent where the reasons did not support them; judicial advice given. JADE
    • In the matter of Ironbark Holdings Australia Pty Ltd (No 3) [2026] NSWSC 1097 - synopsis: multi-factor test for appointing receivers over trust property under s 67 Supreme Court Act; 'without prejudice to prior encumbrances' carve-outs; urgent orders with direction to serve and liberty to apply (framework only). JADE
    • In the matter of RD Beechworth Pty Limited [2026] NSWSC 1098 - synopsis: framework for just and equitable winding up of a special purpose vehicle under s 461(1)(k), loss of substratum, viability and insolvency, director conflicts and the s 467 alternative-remedy requirement (no outcome stated in the edition). JADE

    Registry.

    • In the matter of Million Up Ltd [2026] NSWSC 1105 - noted (cross-border insolvency); listed without headnote, no outcome reported. JADE
    • Application of the Commissioner of the Australian Federal Police; In the matter of Singh [2026] NSWSC 1103 - noted (forfeiture orders); listed without headnote, no outcome reported. JADE
    • Tian Siang Holy Tao Association Limited Incorporated v Canterbury-Bankstown Council [2026] NSWLEC 1602 - noted (development application); listed without headnote, no outcome reported. JADE
    • Decision restricted [2026] NSWSC 1095 - restricted decision, listed by number only. JADE

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

    9 min
  • Australian Federal Courts (14 September 2026)

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    Six Federal Court decisions and seven family appeals: two visa cancellation reviews fail, one on the difference between the fact and the level of risk and the other on a Minister's entitlement to depart from a psychologist's classification; the Boonwurrung claim group validly reconstitutes itself and replaces its applicant; and two illustrative decisions supply the checklists for medical certificates on adjournments, arrest warrants for non-attending examinees, and default judgment in insolvent trading claims.

    Public Law Desk.

    • Hancy v Minister for Immigration and Citizenship [2026] FCA 1195 - procedural fairness does not require a running commentary; the moderate-risk finding was obviously open and had been put; any denial was immaterial because the conclusion turned on the fact, not the level, of risk; three factual errors out of nine did not inform the critical findings and did not cumulatively deprive the decision of intelligible justification; application dismissed with costs. JADE
    • Garratt v Assistant Minister for Immigration and Multicultural Affairs [2026] FCA 1340 - the Assistant Minister's low-but-not-negligible risk finding under s 501BA had a probative basis; a decision-maker may depart from expert opinion on a probative basis; future risk is inference from known facts informed by common sense; weight is for the decision-maker; the delay ground (conceded under XMBQ FCAFC) stayed pending the High Court; costs reserved. JADE

    Practice and Procedure Desk.

    • Briggs on behalf of the Boonwurrung People v State of Victoria (No 3) [2026] FCA 1359 - claim group description amended and applicant replaced under s 66B; the description may change over time if authorisation requirements are met and traditional law content is for trial; two-step meeting process satisfied despite minor wording divergence; resolutions construed as a whole; notice not scrutinised pedantically. JADE
    • Kassem, in the matter of Fortworx Pty Ltd (in liquidation) [2026] FCA 1352 - synopsis: medical certificates for adjournments must explain why the condition prevents attendance; three-element test and Struthers discretionary factors for arrest warrants against non-attending examinees under r 11.10(2)(a) (no outcome stated in the edition). JADE
    • Colbran, in the matter of Balsub Pty Ltd (in liq) v Marks [2026] FCA 1355 - synopsis: default judgment under r 5.23(2)(c) is decided on the face of the statement of claim, not on evidence; ten-element insolvent trading checklist under ss 588G and 588M; GPN-INT interest worked example (no outcome stated in the edition). JADE

    Registry.

    • Watson v Commissioner of Taxation (No 2) [2026] FCA 1341 - noted (Civil Appeals—Leave to Appeal); listed without headnote, no outcome reported. JADE

    Family appeals (carried at depth in the Courts of Appeal edition of 14 September 2026).

    • Palacio & Ksenia [2026] FedCFamC1A 156 - a restricted (Category C) practising certificate does not qualify the s 55B Judiciary Act right of appearance; legal aid panel terms are a private contract the Court does not police; personal costs order set aside; costs certificate refused for want of a Schedule of Costs. JADE
    • Helias & Tadeu [2026] FedCFamC1A 161 - no presumption in favour of time orders merely because there is no unacceptable risk of harm; the detrimental impact of contact on the primary carer's capacity may outweigh the benefit of the relationship; fall-back position not a concession; court not bound by the Family Report; appeal dismissed, lump-sum costs of $25,000. JADE
    • Franc & Franc [2026] FedCFamC1A 159 - an uncertain contractual withdrawal right is a s 79(5) financial resource, not balance-sheet property; deducting costs already treated as add-backs from the wife's sale proceeds was double counting (appeal allowed on that ground only); preferable three-step approach to family violence under s 79(4)(ca) but no error where allegations lacked s 140(2) particularity; 62/38 global assessment within range. JADE
    • Anakin & Newbrough [2026] FedCFamC1A 158 - compartmentalising contributions into separate percentage findings for cohabitation and post-separation periods is material legal error; the appellate court must correct an apparent error not raised in the grounds (Warren v Coombes); remitted to a different judge with three-year-old valuations; costs certificates. JADE
    • Borys & Borys [2026] FedCFamC1A 160 - leave under s 44(6) to apply out of time cannot be confined to superannuation, because s 90SM requires consideration of the whole of the property; an appeal is not allowed by consent without demonstrated error; costs certificates. JADE
    • Morris & Lissa [2026] FedCFamC1A 163 - interlocutory change-of-residence orders upheld; a complaint about weight is not appellable error; new point not raised below excluded; costs fixed against the appellant notwithstanding impecuniosity. JADE
    • Provenza & Tisza (No 5) [2026] FedCFamC1A 157 - a further notice of appeal against orders already set aside on the first appeal invokes no appellate jurisdiction and is an abuse of process; rejection for filing under r 2.24(1)(e) upheld on de novo review. JADE

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

    9 min
  • Australian Courts of Appeal (14 September 2026)

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    Ten appellate decisions across three courts, seven of them family appeals: the Full Court holds that a restricted practising certificate does not qualify a solicitor's statutory right of appearance in federal courts (personal costs order set aside), the Victorian Court of Appeal holds a party to the causation case it ran at trial and rules that a torn-up cheque did not discharge the debt, and the Family Court's appellate division decides grandparents' time, family violence in property cases, and two consent appeals.

    Practice and Procedure Desk.

    • Palacio & Ksenia [2026] FedCFamC1A 156 - a restricted (Category C) practising certificate does not qualify the s 55B Judiciary Act right of appearance; legal aid panel terms are a private contract the Court does not police; personal costs order set aside; costs certificate refused for want of a Schedule of Costs. JADE

    Commercial Law Desk.

    • Australian Grand Prix Corporation v World Touring Melbourne [2026] VSCA 225 - a party is bound by the causation case it ran at trial (new point not open even though within the pleadings); a limited-use s 136 tender cannot be resiled from on appeal; loss of a valuable commercial opportunity needs no concluded agreement; 50 per cent Sellars discount untouched under House v The King; leave refused on all grounds. JADE
    • Darin William Blain & Anor v Blain Dairying Pty Ltd as trustee of the Blain Trading Trust & Anor [2026] VSCA 226 - an effective tender unreasonably refused does not discharge the underlying debt (tender in cash waived by accepting the cheque); credit-based findings stand unless glaringly improbable or contrary to compelling inferences; damages pleading gave notice of a claim in debt; morning-of-hearing amendment refused under s 25 CPA; leave granted and appeal allowed on the tender ground only. JADE

    Family Law Desk.

    • Helias & Tadeu [2026] FedCFamC1A 161 - no presumption in favour of time orders merely because there is no unacceptable risk of harm; the detrimental impact of contact on the primary carer's capacity may outweigh the benefit of the relationship; fall-back position not a concession; court not bound by the Family Report; appeal dismissed, lump-sum costs of $25,000. JADE
    • Franc & Franc [2026] FedCFamC1A 159 - an uncertain contractual withdrawal right is a s 79(5) financial resource, not balance-sheet property; deducting costs already treated as add-backs from the wife's sale proceeds was double counting (appeal allowed on that ground only); preferable three-step approach to family violence under s 79(4)(ca) but no error where allegations lacked s 140(2) particularity; 62/38 global assessment within range. JADE
    • Anakin & Newbrough [2026] FedCFamC1A 158 - compartmentalising contributions into separate percentage findings for cohabitation and post-separation periods is material legal error; the appellate court must correct an apparent error not raised in the grounds (Warren v Coombes); remitted to a different judge with three-year-old valuations; costs certificates. JADE
    • Borys & Borys [2026] FedCFamC1A 160 - leave under s 44(6) to apply out of time cannot be confined to superannuation, because s 90SM requires consideration of the whole of the property; an appeal is not allowed by consent without demonstrated error; costs certificates. JADE
    • Morris & Lissa [2026] FedCFamC1A 163 - interlocutory change-of-residence orders upheld; a complaint about weight is not appellable error; new point not raised below excluded; costs fixed against the appellant notwithstanding impecuniosity. JADE

    Registry.

    • Enever v Meyers [2026] QCA 168 - application to set aside $12,000 security dismissed (no financial documentary material, no explanation, no appellable error identified from trial submissions); appeal dismissed under r 774(b) for non-compliance; costs. JADE
    • Provenza & Tisza (No 5) [2026] FedCFamC1A 157 - a further notice of appeal against orders already set aside on the first appeal invokes no appellate jurisdiction and is an abuse of process; rejection for filing under r 2.24(1)(e) upheld on de novo review. JADE

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

    12 min
  • Victoria (11 to 13 September 2026)

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    Four Court of Appeal decisions across the weekend, re-aired with the Victorian angle: the State holds the line on Lawyer X, cold-case DNA evidence goes back before a jury and the Tuite line is closed, a doctor's findings of guilt are restored on the law of reasons, and a farmhand's jury verdict produces no damages.

    Public Law Desk.

    • Gobbo v State of Victoria [2026] VSCA 221 - breach under s 48 assessed prospectively; social utility in lawful recruitment; voluntary assumption of risk made out; the 2010 deed of release bars the claims; extension of time refused; leave refused to the first applicant, the children's appeals dismissed. JADE

    Criminal Law Desk.

    • DPP v Roderic [2026] VSCA 223 - correctness standard; s 137 evidence taken at its highest, contamination for the jury (Tuite/Dupas no longer followed); Haddara discretion no basis for exclusion; s 65(2)(b) notes and statement admissible; s 70 labels admissible without originals; inherent power to amend grounds. Prosecution not yet tried. JADE
    • Dahaby v Cassim [2026] VSCA 224 - adequacy of reasons where no appeal lies; a bare denial needs no separate explanation; findings of guilt restored. JADE

    Practice and Procedure Desk.

    • Townley v Woolpack [2026] VSCA 222 - civil jury damages disturbed only where no reasonable jury could have reached the figure; jury advantage extends to history-dependent psychiatric opinion; $21,000 below the WIRC threshold, no damages. JADE

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

    8 min
  • Australian Tribunals (11 to 13 September 2026)

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    Sixteen tribunal decisions across the weekend: the correct Anshun test bars a second caretaking claim but a continuing breach keeps its later losses alive, a conflicted enduring power of attorney is revoked and guardianship is split between a family member and the Public Advocate, a Minister's office is a public sector agency under the privacy Act, a psychologist's reinstatement fails on the onus, and a Queensland list from firearms to blue cards.

    Tribunals Desk — Queensland.

    • Body Corporate for Santorini by the Sea CTS 16829 v Melville & Melville [2026] QCATA 132 - Anshun asks whether the new claim was so connected with the first proceeding that it was unreasonable not to raise it there; damages for the assessed period estopped and the second proceeding an abuse; later losses from a continuing breach may proceed; remitted. Member Taylor dissenting as to final orders. JADE
    • Richards v Queensland Police Service - Weapons Licensing [2026] QCAT 408 - Fit and proper person under Weapons Act 1990 (Qld) ss 10B, 29(1)(d) in the context of pseudo-legal conduct; conditional compliance with lawful authority; Briginshaw; cumulative risk assessment (synopsis only). JADE
    • Dwyer v Department of Justice and Attorney-General [2026] QCAT 410 - 'Disclosure' vs 'use' under Information Privacy Act 2009 (Qld) s 23; implied consent under QPP 11(1)(b); strike-out powers ss 47-48 QCAT Act (synopsis only). JADE
    • Spurway & Anor v Strofield [2026] QCAT 407 - Final decision against a non-compliant respondent under s 48 QCAT Act (three mandatory considerations); quantification of restitution under a void domestic building contract (synopsis only). JADE
    • TCK v Department of Justice – Blue Card Services [2026] QCAT 412 - 'Exceptional case' test under s 221 Working With Children (Risk Management and Screening) Act 2000 (Qld); insight and remorse; credibility under cross-examination (synopsis only; nothing of the allegations aired). JADE

    Tribunals Desk — Western Australia.

    • WL [2026] WASAT 107 - inability to make reasonable judgments needs a cognitive deficit from a mental disability, not a precise diagnosis; conflicted attorneys' EPA revoked; informal arrangements not less restrictive; split guardianship; Public Trustee administrator; one-year review. JADE

    Tribunals Desk — New South Wales.

    • HKU v Minister for Work Health and Safety [2026] NSWCATAD 272 - a Minister personally is not a public sector agency but the Minister's office is; an internal review request to the office is construed accordingly; summary dismissal refused. JADE
    • Cantali v Health Care Complaints Commission [2026] NSWCATOD 120 - recusal refused under Ebner; reinstatement applicant bears the onus and did not discharge it (informed consent, notification and display requirements, public representation); twelve-month non-review period; costs. JADE
    • NSW Self Insurance Corporation v CN1 Pty Limited [2026] NSWCATAP 287 - Synopsis only. New evidence on internal appeal: rehearing vs new hearing under s 80(3); discretion factors (availability below, likely different result, prejudice; Lettau); parties bound by how they ran their case below (Nicodemou). JADE

    Tribunals Desk — Victoria.

    • Smythes v Yarra CC [2026] VCAT 750 - Significant Landscape Overlay Schedule 1 (Yarra): building height over 6 m, natural ground level, vegetation removal, permit amendment under s 127 VCAT Act (synopsis only). JADE

    Registry.

    • Cassimatis v Teanti-Climaco & Anor [2026] QCAT 409 - noted (Environmental Law—Tree Disputes). JADE
    • Taylor & Anor v Mckee Plumbing Co Pty Ltd [2026] QCAT 406 - noted (Building And Construction—Domestic Building Dispute). JADE
    • GJC Build Pty Ltd v Williams & Anor [2026] QCAT 411 - noted (Building And Construction—Adjudication). JADE
    • YTV v NSW Trustee and Guardian [2026] NSWCATAP 288 - noted (Administrative Law—Judicial Review). JADE
    • Villa v Christopher [2026] QCATA 130 - noted (Civil Procedure—Appeal Grounds). JADE
    • Leaver v Ivins [2026] QCATA 131 - noted (Civil Procedure—Stay Pending Appeal). JADE

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

    10 min
  • South Australia (11 to 13 September 2026)

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    One decision across the weekend, and it matters: the Court of Appeal refuses the Director permission to appeal a sentence two of its three judges thought manifestly inadequate, restating the Crown-appeal threshold and the flexibility of the R v D sentencing standard for child sexual offences.

    Criminal Law Desk.

    • R v Grocke [2026] SASCA 96 - R v D flexible, not rigid, and relevant and influential without a formal position of trust; a Crown appeal succeeds only in the rare and exceptional case where public policy outweighs double jeopardy; Livesey ACJ: six-year starting point low but within range; Bleby and David JJA: manifestly inadequate (about eight years) yet permission refused on double jeopardy given the unchallenged mitigating findings. Comparable sentences (Lian, Bradley, Berry) collected with starting points. JADE

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

    5 min
  • Queensland (11 to 13 September 2026)

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    Seven decisions across the weekend, one state, every court: a partner's duty to render accounts is unconditional and survives dissolution, a judge may not decide on a basis nobody pressed, a nephew's probate caveat fails for want of interest, statutory trustees for sale under the new Property Law Act, reliance evidence for misleading conduct, and mixed verdicts that stood.

    Practice and Procedure Desk.

    • Jason H Pty Ltd as trustee for the Jason H Family Trust v Habchi [2026] QCA 172 - partnership relief without an express plea where the facts were litigated; the statutory duty to render accounts survives termination and is unconditional; deciding Question 5A on an unpressed basis denied procedural fairness; remitted. JADE
    • In the Estate of Hendrik Philippus Berend Drent [2026] QSC 210 - a caveator needs a real proprietary interest; an intestacy interest is insufficient where prior undisputed wills stand in the way (Gardiner v Hughes followed, Re Russell not followed); suspicion is not doubt; caveat removed, will admitted to probate. JADE
    • Enyo Lawyers Pty Ltd v Island Resorts (Facilities and Equipment) Pty Ltd [No 2] [2026] QCA 173 - costs not sought below not awarded on appeal; three Calderbank offers, none unreasonably refused; standard costs of the appeal. JADE

    Commercial Law Desk.

    • Hart v Ng [2026] QSC 209 - statutory trustees for sale under the Property Law Act 2023: 1974 Act authorities apply; model order and distribution waterfall; equitable accounting goes to distribution, not to resisting sale; s 33(3) service non-compliance without prejudice. JADE
    • Hemant Investments Pty Ltd v Trilogy Private Pty Ltd & others [2026] QSC 216 - objective construction of an undertaking; reliance under ACL s 18 needs the actual decision-makers; Jones v Dunkel inference declined; infrastructure charges attach to the premises. JADE
    • Sun Investments (No.1) Pty Ltd v Graham [2026] QSC 208 - noted (Costs—Costs Orders). JADE

    Criminal Law Desk.

    • R v CEF [2026] QCA 171 - inconsistent verdicts: the MacKenzie nine-point test; differing complainant reactions rationally explain mixed verdicts on mistake of fact; a hung count is not an acquittal; appeal dismissed. JADE

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

    8 min
  • New South Wales (11 to 13 September 2026)

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    Twenty decisions across the weekend, one state, every court: integrated development is an objective jurisdictional fact proved on evidence the council never saw, a medical assessor's unreferred certificate falls with everything built on it, a stay until costs are paid, relief-against-forfeiture instalment orders, a directors' side deal tested for intention to be bound, and Friday's two Court of Criminal Appeal decisions.

    Public Law Desk.

    • Friends of Bucketty Incorporated v Buckettys Brewery Pty Ltd [2026] NSWLEC 118 - whether a development is integrated development is a jurisdictional fact for the Court on all the material, extrinsic evidence admissible; Div 4.8 mandatory, not electable; not integrated on the survey evidence despite the ticked box; consideration of a proposed instrument distinct from dealing with it correctly; micro-brewery ancillary; koala-habitat satisfaction not legally unreasonable. Proceedings dismissed. JADE
    • AAI Limited trading as AAMI v Agyei [2026] NSWSC 1087 - a medical assessor has no jurisdiction over an unreferred matter; conclusive certificates reopened only through the four s 7.24 preconditions; consequential invalidity of the referral and review panel certificate; materiality and no acquiescence (actual knowledge required); no remittal needed. JADE

    Practice and Procedure Desk.

    • Jaworski v Chartered Accountants Australia and New Zealand [2026] NSWCA 190 - state angle: fresh proceedings on the same conduct with prior costs unpaid stayed as an abuse of process; impecuniosity not decisive; researcher relationships do not found apprehended bias. JADE
    • Valor and Pride Hospitality Group Pty Ltd v Ord Developments Pty Ltd (No 3) [2026] NSWSC 1096 - template instalment and default-machinery orders for relief against forfeiture; the Sneakerboy ten-point summary reproduced. JADE
    • Alta Vale Residential Pty Ltd (In Liq) (Rec Apptd) v STM123 Pty Ltd (No 2) [2026] NSWSC 1094 - pre-judgment interest runs from accrual (services claims accrue on performance); costs apportioned only for a separable issue; capacity-based orders rejected. JADE

    Commercial Law Desk.

    • Gallo v Saad [2026] NSWSC 1066 - objective intention to create legal relations; collateral contracts inconsistent with the main agreement unenforceable; post-contractual conduct to prove a partly oral contract; form-only attacks on default interest fail. JADE

    Criminal Law Desk.

    • TD v R [2026] NSWCCA 139 - state angle: a reduced-moral-culpability finding generally requires the judge to say how it bears on deterrence; resentenced to seven years. JADE
    • Pearce v R [2026] NSWCCA 138 - circumstantial case weighed as a whole; no resiling on appeal from an 'evening out' concession on parity. JADE
    • R v Billings [2026] NSWSC 1088 - sentencing judgment for a domestic violence murder (Olbrich, s 23A, Form 1, comparative cases); registry line only. JADE
    • R v Tammer-Spence [2026] NSWSC 1090 - sentencing judgment for manslaughter by excessive self-defence (s 421; Bugmy/De La Rosa; s 21A); registry line only. JADE

    Registry.

    • 50 Cowan Road St Ives Pty Ltd v Ku-ring-gai Council [2026] NSWLEC 1598 - cl 4.6 variation to a height standard under SEPP Housing; s 4.15(3A) flexibility; lay submissions. JADE
    • Altis Frasers JV Pty Ltd as Trustee of ARET Frasers Project Trust v Sydney Water Corporation [2026] NSWSC 1100 - noted (Civil Procedure—Discovery). JADE
    • Guo v Option Holdings Pty Ltd [2026] NSWSC 1093 - noted (Civil Procedure—Interlocutory Applications). JADE
    • Shepherd v Concierge Services Australia Pty Ltd [2026] NSWSC 1099 - noted (Tort—Trespass to Land). JADE
    • State of New South Wales v Matthew White (Preliminary) [2026] NSWSC 1101 - noted (Criminal Law—High Risk Offenders). JADE
    • Pertinax (Aust) Pty Ltd v Central Coast Council [2026] NSWLEC 1594 - noted (Planning And Development—Development Application). JADE
    • Fabcot Pty Ltd v Bayside Council [2026] NSWLEC 1599 - noted (Planning And Development—Development Application). JADE
    • Shankar v Central Coast Council [2026] NSWLEC 1600 - noted (Planning And Development—Development Application). JADE
    • Prior v Sutherland Shire Council [2026] NSWLEC 1597 - noted (Planning And Development—Development Consent). JADE
    • Mourad v Inner West Council [2026] NSWLEC 1595 - noted (Planning And Development—Development Control Order). JADE

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

    10 min
  • Australian Federal Courts (11 to 13 September 2026)

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    Five Federal Court decisions across the weekend: petroleum leases are 'leases' under the Native Title Act so prior extinguishment cannot be disregarded over them, a deed of cross-guarantee lodged in time but scanned single-sided is rescued under s 1322, and a taxpayer who won one alternative-assessment appeal and lost the other pays 85 per cent of the Commissioner's costs.

    Public Law Desk.

    • Doyle on behalf of the Iman People #4 v State of Queensland (No 2) [2026] FCA 1334 - an authority a State law calls a lease is a 'lease' under s 242(1) and a 'mining lease' under s 245(1); the unqualified 'lease' in s 47B(1)(b)(i) includes mining leases; alternatively a permission under which land 'is to be used' for production; an unconstructed road is a public work, not a prior interest; every separate question answered 'No'. JADE

    Commercial Law Desk.

    • W Cosmetics IP Pty Limited, in the matter of W Cosmetics IP Pty Limited [2026] FCA 1342 - s 1322(4)(d) extension granted on the papers; interested-person standing from a real financial interest; inadvertent lodgement errors promptly addressed; no substantial injustice; liberty to apply. JADE

    Practice and Procedure Desk.

    • Larmar v Commissioner of Taxation (No 2) [2026] FCA 1345 - one consolidated lump-sum costs order across proceedings heard together; 85 per cent to the Commissioner on a broad-brush basis; r 25.14(3) presumption rebutted by a contingent offer; a sub-24-hour Calderbank offer not unreasonably refused. JADE

    Registry.

    • EIC20 v Minister for Immigration and Citizenship [2026] FCA 1338 - noted (Administrative Law—Judicial Review). JADE
    • Kaur v Minister for Immigration and Citizenship [2026] FCA 1339 - noted (Immigration—Visa Refusal). JADE

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

    7 min

About The Petal: Australian Case Law Daily from JADE OpenLaw

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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…