12-4-21 / Matthew Hickey OAM KC — Judicial Review & Administrative, Resources & Energy
The applicants applied for exploration permits for minerals other than coal (EPM) under the Mineral Resources Act 1989. The Minster’s delegate refused them for virtually identical reasons, including a history of non-compliance (by the applicant or a related person) with the Environmental Protection Act 1994. The applicants each brought an…
9-4-21 / Mei Barnes — Class Actions
This case is the first proceeding tried as a class action under Part 13A of the Civil Proceedings Act 2010 (Qld). The plaintiffs were crop farmers who had purchased and planted seed produced by the defendant seed company. The plaintiffs sought damages for negligence and misleading and deceptive conduct in…
31-3-21 / John Ware — Planning & Environment
John Ware (with B Job QC and Timothy Stork) appeared for the respondent, instructed by Townsville City Council Legal Services. The judgment is available here.
31-3-21 / Anthony Messina — Corporate Insolvency & Bankruptcy
Owners in an unhappy duplex fell into in dispute about the maintenance. The dispute was adjudicated, but the body corporate failed to comply with the order. The court appointed an administrator under s287 of the Body Corporate and Community Management Act 1997 (Qld) to bring the body corporate into compliance…
30-3-21 / Michael May — Tax, Appellate
This was an appeal to the Federal Court from an Administrative Appeals Tribunal review regarding tax assessments that were issued on the basis of an ‘asset betterment’ analysis. At the Tribunal, the taxpayers’ case was largely rejected on the basis of adverse credit findings, although the Tribunal made some adjustments…
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