Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4: 1. On 27 March 2025, the plaintiff, to whom the pseudonym PMD5 has been given, commenced proceedings by filing a Statement of Claim. 2. The Statement of Claim claimed damages from the State of NSW, as defendant, as a consequence of sexual abuse which the plaintiff alleged occurred to him between 1986 and 1999 at the hands of his father. The plaintiff claims that the defendant, bein...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4: 1. By summons filed on 8 April 2025, the Attorney General of New South Wales ("the Attorney") seeks orders in respect of the defendant pursuant to ss 121, 127(1)(a) and 128 of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 ("the Act") that he be subject to an order for the extension of his status as a forensic patient for a period of four years. Given that s...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4: 1. By summons filed on 10 April 2024, Mr Mincong Huang (the applicant) commenced Class 4 proceedings in relation to development consent 795/2006/1 dated 26 June 2007 for "alterations and additions to existing garage/studio" (the 2007 development consent) at lot 24 in deposited plan 2538, also known as 6 Tivoli Avenue, Rose Bay, NSW (the property). The applicant is the registered pro...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4: 1. Each of the respondents to this appeal has filed a notice of motion seeking an order pursuant to r 51.41 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) dismissing the appellant's notice of appeal, filed on 13 May 2025, on the basis that the appeal is incompetent. 2. The subject of the appeal is two decisions of Cole DCJ in proceedings that the appellant commenced against...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4: 1. LEEMING JA: The issues in this case are simply stated. The late Maureen Alicia Anderton passed away on 18 March 2021, leaving a professionally drafted will made in 2016, and a handwritten document dated 26 January 2020. The former left most of her estate to ten named charities in equal shares. The latter is not a valid will, but it purports to leave most of her estate to the plai...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4: 1. In June 2014 Mr Bridge was involved in a low-speed motor vehicle accident in which he injured his back and neck. In 2022 he was also involved in a high-speed motor bike accident, but it appears that did not result in any relevant further injury. He has twice undergone spinal fusion surgery and has not worked since the first accident. In 2023 he pursued a claim under s 131 of the ...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4: 1. By notice of motion dated 17 March 2025 Mrs Malass seeks orders extending the time to comply with court orders made on 4 April 2024 (the Orders) in relation to the unlawful development of a dwelling in Boden Avenue Strathfield (the property) owned by her. The Orders were made following lengthy civil enforcement proceedings commenced by Strathfield City Council (the Council) in Au...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4: 1. The Applicant is Ms Zillman, a journalist with the ABC. 2. On 7 November 2022, she sent an application to NSW Treasury (the Respondent) for information under the Government Information (Public Access) Act 2009 (NSW) ("GIPA Act"). 3. The substantive matter is whether access should be granted to the redacted part of a letter dated 12 October 2022 sent by the objector, Catholic Me...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4: 1. The Applicant seeks a review of a decision made by the Respondent to cancel his National Disability Insurance Scheme (NDIS) Worker Check clearance. 2. The Tribunal has determined that the correct and preferable decision is to affirm the decision under the review because the Tribunal has assessed that the Applicant poses a risk of harm to persons with disability. 3. The Responde...
Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4: 1. In this decision we determine that there should be a model award clause requiring an employer to make superannuation contributions. Background 2. On 17 June 2025, the President published a Statement which outlined the background to these proceedings, and set out the manner in which this Bench would determine whether the Commission ought to set a model superannuation clause: "(...