Catchwords: CIVIL PROCEDURE ? Court of Appeal ? Leave to appeal ? whether appeal incompetent ? notice of appeal ? application filed out of time ? where no application has been made for an extension of time or explanation given ? no evidence appeal involves matter at issue of value of $100,000 or more DEFAMATION ? whether denial of procedural fairness ? whether conclusions open to be drawn by primary judge in absence of cross-examination ? whether appellant had adequate opportunity to explain his position ? where trial judge did not notify the appellant of her doubts concerning his evidence DEFAMATION ? Defences ? honest opinion ? whether defamatory matter was statement of fact or opinion/comment ? where matters of opinion intermingled with statements of fact ? whether defamatory matter or defamatory meaning as found focus of inquiry DEFAMATION ? Defences ? honest opinion ? whether fairness or honesty of comment must be responsive to the defamatory meaning as found or the defamatory matter ? whether comment or opinion based on proper material DEFAMATION ? Defences ? fair report ? whether defamatory matter a fair report where it is a substantially accurate report in fact ? where not a substantially accurate report of the meaning conveyed by the report DEFAMATION ? Defences ? statutory qualified privilege ? whether failure to seek comment from the appellant was not reasonable ? where Royal Commission proceedings were a matter of public interest ? where evidence of the appellant was ongoing ? where appellant contacted through a conduit and published a statement in same publication as appeared the defamatory matter ...

Catchwords: STATUTORY INTERPRETATION – whether reference to “compensation” in s 134AB(1) of the Accident Compensation Act 1985 (Vic) is a reference to compensation under that Act or to compensation whether or not awarded under the Act or the Act of some other state or territory – expressio unius reasoning inappropriate where dealing with interpretation of a “patchwork” statute. WORKERS COMPENSATION – whether worker who was injured in Victoria but was not entitled to compensation under Victorian workers compensation legislation was nevertheless required to pass through statutory gateways under Victorian legislation when seeking common law damages – where worker had received compensation under NSW workers compensation scheme – whether reference to “compensation” in s 134AB(1) of Accident Compensation Act 1985 (Vic) is a reference to compensation under that Act or to compensation whether awarded under that Act or the Act of some other state or territory. ...

Catchwords: MIGRATION – refugees – protection visa – refusal to grant protection visa under section 65 of Migration Act 1958 (Cth) - Administrative Appeals Tribunal – review by Tribunal under Pt 7 of Migration Act 1958 (Cth) – appeal from Federal Circuit Court of Australia – applicants’ claim for protection grounded on claim to be member of particular social group, being homosexuals in Pakistan – appeals allowed – matters remitted to the Administrative Appeals Tribunal ADMINISTRATIVE LAW – administrative law – judicial review – jurisdictional error – whether decision by Tribunal unreasonable, irrational or illogical – whether certain factual findings made by the Tribunal lacked an evident and intelligible justification or the reasoning was not open on the evidence or lacked a logical connection between the evidence and the conclusions drawn – applicable principles – whether evidence of particular facts rationally probative of a fact in issue – materiality of reasoning in error – writ of certiorari issued – writ of mandamus issued ...

Catchwords: INDUSTRIAL LAW – appeal against judgment of the South Australian Employment Court (SAEC) declaring that the Appellant had contravened s 323 of the Fair Work Act 2009 (Cth) in three respects – whether the findings of a SAEC Deputy President regarding the Respondent’s starting times were in error – whether the Appellant was denied procedural fairness because an alternative claim advanced and upheld concerning the Respondent’s meal breaks had not been pleaded – whether a finding that the Appellant pay $67.13 together with superannuation and interest in respect of unpaid overtime was in error – consideration of whether the SAEC constituted by the Deputy President was a Court of summary jurisdiction – appeal dismissed. ...

Catchwords: WORKERS COMPENSATION ­– determination of arbitrator – appeal to Deputy President – appeal limited to error of fact, law or discretion – whether Deputy President misunderstood scope of her jurisdiction – Workplace Injury Management and Workers Compensation Act 1998 (NSW), s 352 WORKERS COMPENSATION – entitlement to compensation – deceased worker employed to work at home – deceased killed by co-worker and de-facto partner – attack inspired by his paranoid delusions – delusions related to work and personal relationship – whether evidence of causal link between worker’s employment and harm suffered – evidence of substantial contributing factor – whether Deputy President erred in finding as to evidence – Workplace Injury Management and Workers Compensation Act 1998 (NSW), ss 4 and 9A ...

Catchwords: INTELLECTUAL PROPERTY – application for leave to appeal – where primary judge dismissed an appeal from a decision of the delegate of the Commissioner of Patents revoking an innovation patent – where alleged invention was a method by which an organisation engages with an innovation service provider to innovate – whether alleged invention is a “manner of manufacture” within the meaning of Statute of Monopolies 1623 (UK) s 6 PRACTICE AND PROCEDURE – application to adduce fresh evidence – application refused ...

Catchwords: COSTS – whether an order for costs ought to be made in a fair work proceeding – application of s 570 of the Fair Work Act 2009 (Cth) – whether a party’s unreasonable act or omission caused the other party to incur costs – whether withdrawing contentions at the time of the hearing amounts to an unreasonable act – whether it was unreasonable for the appellants to reject an offer of compromise more favourable than what was ultimately the adjudicated result – whether the failure to pay a penalty amount imposed by the court below was an unreasonable omission – application dismissed – no order for costs ...

Catchwords: DEFAMATION – defences – offer to make amends – concerns notice – whether statement of claim a concerns notice – offer to be made within 28 days of receiving concerns notice – no valid offer where made after 28 days – Defamation Act 2005 (NSW), s 14(1) DEFAMATION – defences – offer to make amends – whether made as soon as reasonably practicable after defendant aware that matter might be defamatory –offer made one year after action commenced – Defamation Act 2005 (NSW), s 18(1) JUDGMENT – findings at trial that elements of claims made out – defence relied on by trial judge not available – other pleaded defences not pursued – defendant forwent opportunity to appear at trial – plaintiff entitled to judgment on liability PRACTICE AND PROCEDURE – procedural fairness – bias – actual or apprehended – other proceedings affected – other parties not heard – whether allegations should be resolved ...