The Petal: Australian Case Law Daily from JADE OpenLaw

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One state, every court, one brief. New South Wales for the weekend: sixteen decisions, led by Justice Black on bank guarantees delivered by mistake while a builder sits under a deed of company arrangement. Reported with care: pseudonymised protective matters are doctrine only.

Features.

• In the matter of Novati Constructions Pty Ltd (subject to a deed of company arrangement) [2026] NSWSC 1031 - detinue, judicial advice, constructive trusts and which claims a DOCA binds; the specific performance tension mapped. JADE
• Guo v Yufeng Investment Group (Australia) Pty Ltd (No 2) [2026] NSWSC 1035 - account of profits: no tax gross-up; benefits reach retained proceeds; interest runs against the fiduciary. JADE
• Jianping Qiu v Yuchen Chen (No 3) [2026] NSWSC 1037 - proportionate liability: culpability and causal potency; no apportionment between a company and its directing mind. JADE
• THN Capital Funding Pty Ltd v Leffler [2026] NSWSC 1033 - guarantee enforced: BP Refinery implied terms, conclusive evidence certificates, Jones v Dunkel. JADE
• Malouf v Mavrakis t/as Mavrakis & Associates Lawyers (No 2) [2026] NSWCA 176 - costs assessment appeals demand a full rehearing; treated in our Court of Appeal weekend edition. JADE
• Adamson v Chalik (No. 2) [2026] NSWSC 1018 - gross sum indemnity costs after abuse of process; self-represented solicitors recover nothing for their time. JADE
• TQM Design & Construct Pty Ltd v East End Stage 2 Pty Ltd [2026] NSWSC 1032 - instalment orders need real financial evidence; adjudication enforcement is not the place for s 32 claims. JADE
• Page v Airag Aviation Services Pty Limited [2026] NSWSC 1030 - joining an insurer: the arguable case test; PTSD as bodily injury where experts opine physical change. JADE
• Fundit Limited in its capacity as trustee of the Banjo Small Business Loan Fund v Kocak [2026] NSWSC 1034 - default judgment. JADE
• ABC by her tutor DEF v Irmak and Dagdanasar; ABC by her tutor DEF v Irmak (No 2) [2026] NSWSC 1025 - intentional torts proved civilly to the Briginshaw standard; apportionment worked tort by tort; pseudonyms preserved, doctrine only. JADE
• Attorney General of New South Wales v JS [2026] NSWSC 1026 - interim extension orders: the two limb test through every s 127(2) factor. JADE
• Fardous v Australian Executor Trustees Ltd [2026] NSWSC 1029 - restoring capacity: the evidence package that persuades; costs from the estate. JADE
• Fairfield City Council v Lomo [2026] NSWLEC 110 - compliance orders enforced. JADE
• Onisforou Highlands Property Pty Ltd v Wingecarribee Shire Council [2026] NSWLEC 1557 - residential amenity standards. JADE
• Scott v Ku-ring-gai Council [2026] NSWLEC 1556 - development application determined. JADE
• MAAS Group Properties Miriam Pty Limited v Dubbo Regional Council [2026] NSWLEC 1560 - development consent resolved. JADE

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

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The federal weekend: twenty-five decisions, led by Justice Lee's protocol for artificial intelligence in case preparation. Then drop-shipping and trade marks, the Woolworths award answer, a full migration list, and the limits of preliminary discovery.

Features.

• Rogers v McDonald's Australia Ltd (AI-use) [2026] FCA 1264 - the first detailed AI-in-litigation protocol: confer with technology experts; traceable sources, testable outputs, protected privilege, human supervision. JADE
• Toyota Jidosha Kabushiki Kaisha v OZI4x4 Pty Ltd (No 3) [2026] FCA 1215 - drop-shipped goods are not trade mark use by the local retailer; holding stock is; adverse inferences fill poor records. JADE
• Thomas v Commonwealth Financial Planning Limited (No 2) [2026] FCA 1261 - representative authority does not automatically extend to releases for non-parties; draft the s 33V/33ZB/33ZF suite together. JADE
• Fair Work Ombudsman v Woolworths Group Limited (Remaining Issues) [2026] FCA 1229 - one hour, several penalties: paying the highest applicable rate generally discharges the award obligation. JADE
• EIS18 v Minister for Immigration and Citizenship [2026] FCA 1225 - information under s 424A means evidentiary material, not the Tribunal's doubts or appraisals. JADE
• DQZ19 v Minister for Immigration and Citizenship [2026] FCA 1226 - a worked method for testing whether the Tribunal engaged with DFAT country information. JADE
• Farcas v Minister for Immigration and Citizenship [2026] FCA 1228 - extension granted despite delay; a positive finding with no evidentiary foundation is jurisdictional error. JADE
• Discover Nursing Australia Pty Ltd v National Disability Insurance Agency [2026] FCA 1240 - no certiorari against preliminary agency processes; for delay, seek mandamus. JADE
• Timor Sea Oil & Gas Australia Pty Ltd (in liq) v Commonwealth (No 2) [2026] FCA 1236 - retrospective s 477(2B) approval may be sought by the assignee; directions cannot displace secured creditors. JADE
• Zhao v LMIZ8 Investments Holdings Pty Ltd (in liq) [2026] FCA 1238 - preliminary discovery needs a reasonable belief, not a solicitor's assertion; no fishing for capacity to pay. JADE
• Independent Commission Against Corruption v Waterhouse (Recusal) [2026] FCAFC 109 - treated in our Court of Appeal weekend edition. JADE
• Independent Commission Against Corruption v Waterhouse (Removal of Filed Document) [2026] FCAFC 110 - treated in our Court of Appeal weekend edition. JADE
• Nunez v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCAFC 111 - treated in our Court of Appeal weekend edition. JADE
• EMH IV Pty Ltd as trustee for the EMH IV Family Trust v Commissioner of Taxation [2026] FCAFC 112 - trust taxation appeal for the Commissioner. JADE
• Layton on behalf of the Dhudhuroa, Waywurru and Ngurai Illum People v State of Victoria (leave to discontinue) [2026] FCA 1263 - native title discontinuance. JADE
• Kim v Minister for Immigration and Citizenship [2026] FCA 1243 - visa cancellation review. JADE
• Otway, in the matter of Chris Evans Transport Pty Ltd (Administrators Appointed) [2026] FCA 1269 - voluntary administration extension. JADE
• Pokharel v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCA 1253 - judicial review. JADE
• BCD22 v Minister for Immigration and Citizenship [2026] FCA 1227 - judicial review. JADE
• EMD20 v Minister for Immigration and Citizenship [2026] FCA 1258 - judicial review. JADE
• Australian Competition and Consumer Commission v Borger Crane Hire & Rigging Services Pty Ltd (leave to continue proceedings) [2026] FCA 1256 - leave to continue against a company in liquidation. JADE
• Al-Dmour v Minister for Immigration and Citizenship [2026] FCA 1251 - visa refusal review. JADE
• Telix Pharmaceuticals (Innovations) Pty Ltd v Purdue Research Foundation [2026] FCA 1262 - costs in a patent dispute. JADE
• Byrne v BT Personnel Pty Ltd [2026] FCA 1268 - pleadings. JADE
• Cwalina v State of Victoria [2026] FCA 1249 - summary dismissal. JADE

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

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The appellate weekend in one brief: ten decisions from five courts. The lead is the Full Court's recusal playbook, twin rulings on what happens when a litigant tries to choose the judges. Reported with care: sexual offence and serious violence appeals are doctrine only.

Features.

• Independent Commission Against Corruption v Waterhouse (Recusal) [2026] FCAFC 109 - actual and apprehended bias discipline; the multi member bench procedure for recusal applications. JADE
• Independent Commission Against Corruption v Waterhouse (Removal of Filed Document) [2026] FCAFC 110 - removing a document from the file is administrative; case allocation is the Chief Justice's alone; misconceived interlocutory applications are an abuse. JADE
• Nunez v Minister for Immigration, Citizenship and Multicultural Affairs [2026] FCAFC 111 - HZCP applied: facts of a non-jurisdictional conviction are challengeable; the heavy onus eases after a guilty plea. JADE
• EMH IV Pty Ltd as trustee for the EMH IV Family Trust v Commissioner of Taxation [2026] FCAFC 112 - trust taxation appeal, decided for the Commissioner. JADE
• Malouf v Mavrakis t/as Mavrakis & Associates Lawyers (No 2) [2026] NSWCA 176 - costs assessment appeals demand a full rehearing; adopting the assessor's view is jurisdictional error. JADE
• Di Ciano v The State of Western Australia [2026] WASCA 120 - implied admissions vs consciousness-of-guilt lies; pretext call directions; totality. JADE
• LE v The King [2026] WASCA 117 - eleven points on unreasonable verdicts; springing-order extensions need prospects. JADE
• ROSE v The State of Western Australia [2026] WASCA 123 - interlocutory civil appeal. JADE
• R v Small [2026] QCA 158 - formal plea offers vs informal soundings out; parity under the serious violent offence regime. JADE
• Rawatxay v The King [2026] SASCA 102 - uncertainty whether time served reached the non-parole period is itself material error. JADE

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

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One state, every court, one brief. New South Wales for Thursday 27 August closes the state week: thirteen decisions, led by the prevention principle deciding a commercial lease dispute born of an ambiguous council request.

Features.

• Reece Australia Pty Ltd v Alamdo Holdings Pty Ltd [2026] NSWCA 175 - the prevention principle as construction: your breach forfeits the condition; causation formulations reconciled; statutory response allowances count. JADE
• Bo v Costi Cohen Pty Ltd [2026] NSWCA 173 - quantum meruit survives a void remuneration clause; the struck-down percentage remains evidence of fair value. JADE
• Re Green Estate Australia Pty Ltd [2026] NSWSC 1028 - judicial disqualification: the observer test, the four categories, and the duty to sit. JADE
• State of New South Wales v Benshabir [2026] NSWCA 174 - terrorism ESO eligibility reaches offenders under supervision (majority); file inside the statutory window. JADE
• Macquarie Hospital Services Pty Ltd v CBHS Health Fund Limited [2026] NSWSC 727 - minimum benefits construction on ordinary principles; departmental notes carry no weight. JADE
• Hyper Star Market Pty Ltd v Mamacc Pty Ltd [2026] NSWSC 1027 - short-term closure did not justify lease termination. JADE

The rapid file.

• He v N and G Superannuation Pty Ltd [2026] NSWCA - amendment of notice of appeal. JADE
• State of New South Wales v Thomas (Final) [2026] NSWSC - HRO final hearing (doctrine only). JADE
• Nagarajan v Penrith City Council [2026] NSWLEC - development appeal. JADE
• Sealark Pty Ltd v Shoalhaven City Council [2026] NSWLEC - building dispute. JADE
• 270 Devonshire Street Pty Ltd v The Council of the City of Sydney [2026] NSWLEC 1554 - variation claim. JADE
• Anuj Goel v North Sydney Council [2026] NSWLEC - planning appeal. JADE

Theme music by Michael Green SC.

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The tribunals for Wednesday 26 August, reported late and aired with the weekend catch-up. Thirteen decisions, led by the fullest recent treatment of how a working with children clearance is risk assessed.

Features.

• HFL v Children’s Guardian [2026] NSWCATAD 257 — the WWCC framework decision: fact-finding vs predictive risk assessment; the statutory checklist; real and appreciable risk. JADE
• O’Sullivan v Commissioner of Police, NSW Police Force [2026] NSWCATAP 269 — the four-factor extension test with real evidentiary demands; modified fairness for confidential GIPA material. JADE
• Rontogiannis v Victoria Building Authority [2026] VCAT 667 — want of prosecution: three years, twenty-four orders, dismissed on the multi-factor test. JADE
• Stewart v Masterpiece Caravans Pty Ltd (No 2) [2026] NSWCATAP 267 — the appeal costs threshold is measured by the amount in dispute on the appeal. JADE
• Psychology Board of Australia v Ewing (Costs) [2026] VCAT 689 — disciplinary costs proportionately reduced for the failed allegation; capped and taxed. JADE

The rapid file.

• HCX v Children’s Guardian [2026] NSWCATAD 259 — clearance scheme construction. JADE
• QVM v Social Services Regulator [2026] VCAT 664 — regulator decision construed. JADE
• Zhang v Chief Commissioner of State Revenue [2026] NSWCATAD 258 — tax assessment review. JADE
• Connolly v Goh [2026] NSWCATAP 268 — civil appeal. JADE
• Indara Corporation Pty Ltd v Brimbank CC [2026] VCAT — planning permit conditions. JADE
• Scarlett (a pseudonym) [2026] NSWCATGD 16 — guardianship (pseudonym preserved). JADE
• Frances (a pseudonym) [2026] NSWCATGD 18 — guardianship (pseudonym preserved). JADE

Theme music by Michael Green SC.

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One state, every court, one brief. New South Wales for Wednesday 26 August: fifteen decisions, led by a shareholders agreement default that ended in specific performance, with the notices reproduced for the drafters.

Features.

• Sibley Investments Pty Ltd v Oldfields Advance Scaffold Pty Ltd [2026] NSWSC 1021 - shareholders agreement default buy-out: notices reproduced, ten-factor specific performance, the control premium, and the claw-back footnote. JADE
• State of New South Wales v Faasavalu (Preliminary) [2026] NSWSC 975 - interim supervision orders: the low preliminary threshold and the seven-point conditions checklist. JADE
• Bell v Mason [2026] NSWLEC 1548 - the Trees Act field guide: thresholds, the near-future rule, the purchase-date principle, copyable orders. JADE
• Schwartz Family Co Pty Ltd v Newcastle City Council [2026] NSWLEC 1550 - DA refused: the applicant onus, inconsistent documentation, unknown roots beat supervision conditions. JADE
• Coneliano v Garcia [2026] NSWLEC 111 - costs after settlement: clear winner vs negotiated compromise; pre-litigation letters matter. JADE

The rapid file (with the balance of the Land and Environment Court planning list, cited in the episode notes).

• R v Graham [2026] NSWSC 1017 - mental health framework applied (doctrine only). JADE
• In the matter of Ironbark Holdings Australia Pty Ltd (No 2) [2026] NSWSC 1023 - adjournment in the provisional liquidation. JADE
• Ji v Gu (No 2) [2026] NSWSC 1020 - party/party costs. JADE
• Wanninayake v NSW Ministry of Health [2026] NSWSC - civil claim against the Ministry. JADE

Theme music by Michael Green SC.

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One state, every court, one brief. New South Wales for Tuesday 25 August: eleven decisions, led by the duty judge’s checklist for ex parte injunctions, with the Tax Desk’s complete roadmap for a Deputy Commissioner recovery suit.

Features.

• Carmen Jackson v Alex Graham, Deputy Secretary, National Parks and Wildlife Service [2026] NSWLEC 112 - ex parte injunctions: any notice is better than none; an unlocatable authorisation is not proof of none. JADE
• Deputy Commissioner of Taxation v Bekas [2026] NSWSC 997 - the tax recovery template: certificates conclusive, collateral challenge futile, quantum disputes need evidence. JADE
• Uyen-Kim Nguyen v James Michael Brown [2026] NSWSC 1019 - setting aside default judgment needs direct affidavit evidence, not a verified pleading; prolixity defeats bona fides. JADE
• Su v Zhao’s Brothers Investment Pty Ltd (No 2) [2026] NSWSC 1016 - subpoenas in summons-commenced proceedings; the two-stage process; inspection deferred pending a foreign restriction application. JADE

The rapid file (with the balance of the Land and Environment Court planning list, cited in the episode notes).

• Watson v Director of Public Prosecutions (NSW) [2026] NSWCA 172 - court file access restrictions. JADE
• AAI Ltd t/as GIO v Mohammed [2026] NSWSC 991 - judicial review of a medical dispute outcome dismissed. JADE
• Chau v Georges River Council [2026] NSWLEC 1544 - development appeal. JADE

Theme music by Michael Green SC.

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One state, every court, one brief. Western Australia for 25 to 27 August closes the state week: nine decisions, led by the costs round of the Mineralogy and Citic war.

Features.

• Mineralogy Pty Ltd v Citic Limited [2026] WASCA 118 - costs, delay and the three-factor framework; liberty to apply is no standstill. JADE
• JUDD v Australian Securities and Investments Commission [2026] WASC 360 - discontinuing a representative proceeding: the not-unfair test and limitation interactions. JADE
• Clark v Perth Flying Squadron Yacht Club (Inc) [2026] WASC 358 - pre-action discovery: the five elements and the deliberately low bar. JADE
• DJF v Director of Public Prosecutions [2026] WASC 356 - sentence appeal: reasons read as a whole; totality first limb. JADE

The rapid file.

• The State of Western Australia v Paraha [No 2] [2026] WASC 354 - HRSO restriction order: disputed conduct identified, expert working shown (doctrine only). JADE
• The State of Western Australia v Moussa [No 3] [2026] WASC 355 - mental impairment custody review (doctrine only). JADE
• Singida Pty Ltd v Mlmk Pty Ltd [No 2] [2026] WASC 357 - account on wilful default ordered. JADE
• WOOD v WA Police [2026] WASC 359 - police prosecution matter. JADE
• Hayes v Hayes [2026] WASC 361 - wills and estates. JADE

Theme music by Michael Green SC.

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One state, every court, one brief. Victoria for 25 to 27 August closes the state week: ten decisions, led by a resulting trust appeal decided by a contemporaneous message and an absent witness.

Features.

• Xu v Ma [2026] VSCA 202 - resulting trust: appellate restraint, the absent witness inference, and the message that decided it. JADE
• Victorian Legal Services Board v Thexton [2026] VSC 545 - removal from the roll: the protective jurisdiction and the fitness checklist. JADE
• Warwick Brigham (a pseudonym) v Trustees of the Christian Brothers [2026] VSC 522 - settlement approval in an institutional abuse claim (doctrine only). JADE
• Rouse (a pseudonym) v The King [2026] VSCA 193 - unfair prejudice exclusion: the three-stage test and the practical cures. JADE
• Wong v The King [2026] VSCA 205 - current sentencing practices distilled; small samples prove no range. JADE

The rapid file.

• McIver v The King [2026] VSCA 203 - sentence appeal. JADE
• Cameron v The King [2026] VSCA 206 - sentence appeal. JADE
• Harrison v The King [2026] VSCA 207 - sentence application on the papers. JADE
• Taufeulungaki v The King [2026] VSCA 208 - sentence appeal. JADE
• Qu v Commissioner of the Australian Federal Police [2026] VSC 497 - suppression ruling. JADE

Theme music by Michael Green SC.

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One state, every court, one brief. New South Wales for Monday 24 August: thirteen decisions, twelve from a single Supreme Court sitting day, led by the family provision judgment that had to decide whether to make findings on historic abuse at all.

Features.

• Nevin v Nevin-Large [2026] NSWSC 1009 - family provision: when to make findings on historic abuse; the gravity-calibrated standard; the statutory checklist worked in order. JADE
• In the matter of WGA Group Holdings Pty Ltd [2026] NSWSC 1014 - schemes: three seller classes, differential and deferred consideration, SPV funding risk, and judicial concern over substantive warranties on dissenters. JADE
• Elazzi v Elazzi [2026] NSWSC 1011 - discovery and notices to produce, 87 classes and 64 paragraphs determined category by category. JADE
• Deshwal v Setia [2026] NSWSC 1008 - separate determination refused: the full checklist and the articulation an applicant must offer. JADE
• The Adoption of four children [2026] NSWSC 1015 - foster carer adoption: every statutory precondition worked through (children not named here). JADE

The rapid file.

• In the matter of Perpetual Trustee Company Ltd [2026] NSWSC 1010 - trustee company scheme progressed. JADE
• In the matter of Tahmoor Coal Pty Ltd (in liq) [2026] NSWSC 1006 - amendment of pleadings in liquidation. JADE
• Pace bht Childs v Pace [2026] NSWSC 998 - proceedings by tutor. JADE
• Chan v Choi [2026] NSWSC 1002 - equity dispute. JADE
• Abhay Enterprises Pty Ltd t/as Tanwar Petroleum v Environment Protection Authority [2026] NSWLEC 109 - clean-up notice compliance upheld. JADE

Theme music by Michael Green SC.