Catchwords: MIGRATION – appeal from decision of single judge dismissing application for judicial review of decision of Administrative Appeals Tribunal – whether primary judge should have found Tribunal failed to take relevant considerations into account, made findings in the absence of evidence, or failed to afford procedural fairness – no issue of principle – no error established ...

Catchwords: INDUSTRIAL LAW – construction of enterprise agreement project working hours – hours for which an employee should be paid – dispute as to when project working hours ended – whether on departure from crib hut in particular location at which day’s work takes place or on exit through access gates to whole site INDUSTRIAL LAW – principles of construction PRACTICE AND PROCEDURE – recusal – apprehension of bias – whether prior professional relationship between judge and party should disqualify the former from sitting – whether bias is reasonably apprehended – recusal not appropriate ...

Catchwords: COMMUNICATIONS LAW – whether New Payphone Cabinets are “low-impact facilities” within the meaning of clause 6 of Sch 3 to the Telecommunications Act 1997 (Cth) exempt from planning laws – where Telstra sought planning approval to display commercial advertising on New Payphone Cabinets – where New Payphone Cabinets to be installed only after planning approval to display commercial advertising obtained – whether primary judge erred in concluding that the New Payphone Cabinets are “low-impact facilities” – appeal allowed with costs ...

Catchwords: MIGRATION – appeal from judgment dismissing the appellant’s application for judicial review of a decision of the Administrative Appeals Tribunal – where the Tribunal affirmed a decision to cancel the appellant’s visa on character grounds under s 501(2) of the Migration Act 1958 (Cth) – whether the Tribunal failed to consider properly the best interests of the child in accordance with cl 9.2(4) of Direction 79 issued under s 499 of the Migration Act ...

Catchwords: COSTS — Party/Party — General rule that costs follow the event — Discretion – No presumption or default rule as to the basis of the award of costs STATUTORY INTERPRETATION – r 42.2 of Uniform Civil Procedure Rules 2005 (NSW) – whether s 98(1) of Civil Procedure Act 2005 (NSW) confines the judicial discretion in awarding costs – whether a judge must take as a starting point that costs are to be assessed on the ordinary basis and justify any departure from that position ...

Catchwords: NEGLIGENCE – duty of care to avoid economic loss – whether vulnerability required – applicants pleaded vulnerability as an essential element of duty – no obligation on primary judge to consider alternatives to that position – no relevant vulnerability due to applicants’ ability to protect themselves from consequences of liquidators’ actions CONSUMER LAW – misleading or deceptive conduct – whether reliance on accuracy of recitals to deed – clear inference from evidence that person knew of true position CONSUMER LAW – misleading or deceptive conduct – whether conduct “in trade or commerce” – court-appointed liquidators performing statutory functions – assignment of property with view to facilitating business interests of purchaser arguably had an essentially trading or commercial character CORPORATIONS – leave to commence action against court-appointed liquidators – governing principles – relevance of lengthy and inadequately explained delay ...

Catchwords: JUDICIAL REVIEW – adjournment – criminal proceedings – review of sentence appeal – applicant on bail – protracted procedural history – requirement for finality in criminal proceedings – claim to have lodged internal appeal from refusal of legal aid – bona fides of attempts to obtain legal representation – circumstances in which court may vacate hearing – Legal Aid Commission Act 1979 (NSW), s 57 ...