Australia, June 3 -- New South Wales Land and Environment Court issued text of the following judgement on May 5: 1. COMMISSIONER: The Applicant appeals the Valuer General's Determination dated 29 July 2024 pursuant to s 37(1) of the Valuation of Land Act 1916 (Valuation Act) in respect of the valuation of the land value of the property legally described as Lot 38 in Deposited Plan 868462, 73 Miller Street, North Sydney 2060 (Land). 1) The proceedings fall within Class 3 of the Court's jurisdic...
Australia, June 3 -- New South Wales Land and Environment Court issued text of the following judgement on May 5: 1. The underlying proceedings concern a request to the respondent under the Government Information (Public Access) Act 2009 (NSW) (GIPA Act) for access to a call recording, call transcript and a complete Police incident report. The matter came to the tribunal for administrative review, pursuant to s 63 of the Administrative Decisions Review Act 1997 (NSW). The tribunal affirmed the r...
Australia, June 3 -- New South Wales Land and Environment Court issued text of the following judgement on May 5: 1. The applicant, GHM, seeks an enabling order, under section 28(1) of the Child Protection (Working with Children) Act 2012 (NSW) (WWC Act), declaring that he is not to be treated as a 'disqualified person' for the purposes of that Act in respect of the 'disqualifying offences' of which he was convicted in July 2014. 2. The applicant seeks a declaration so that he can be issued wit...
Australia, June 3 -- New South Wales Land and Environment Court issued text of the following judgement on May 5: 1. WARD P: I agree with Ball JA. 2. ADAMSON JA: I agree with Ball JA. 3. BALL JA: The issue raised by this appeal is whether an employer which has failed to serve a pre-filing defence (defined below) to a claim for "work injury damages" within 42 days after receiving a pre-filing statement (also defined below) from the worker in accordance with the regime set out in Ch 7 Pt 6 of th...
Australia, June 3 -- New South Wales Land and Environment Court issued text of the following judgement on May 5: 1. HIS HONOUR: Bendeguz Nemes ("Benny") was born at the Royal Hospital for Women at Randwick at 11.38 on 2 April 2016. These proceedings are concerned with the question of whether the disabilities from which Benny was later found to be suffering, including infantile seizures and Global Developmental Delay, are the result of an alleged negligent failure by the hospital to deliver him ...
Australia, June 3 -- New South Wales Land and Environment Court issued text of the following judgement on May 5: 1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the actual refusal of development application DA/2023/341/1 (the DA) for Torrens title subdivision to create 1 open space lot, 2 residential lots and 3 residue lots with tree removal, demolition of structures, dam decommission, earthworks, road construction, dr...
Australia, June 3 -- New South Wales Land and Environment Court issued text of the following judgement on May 5: 1. COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the refusal of Development Application DA22/0835 seeking consent for the demolition of existing structures and consolidation of two lots to facilitate a 14-lot Torrens Title subdivision including construction of an internal ro...
Australia, June 3 -- New South Wales Land and Environment Court issued text of the following judgement on May 5: 1. On 7 December 2023, the applicant was issued with a prohibition notice ("the Decision") by a delegate of the Secretary of the Department of Education, New South Wales, under section 182 of the Children (Education and Care Services) National Law ("National Law"). Pursuant to s 193(1) of the National Law, the applicant seeks an administrative review of the Decision. The basis for th...
Australia, June 3 -- New South Wales Land and Environment Court issued text of the following judgement on May 5: 1. ADAMSON JA: Sairusi Rokovada (the applicant) seeks leave to appeal against the sentence imposed on him by Hanley SC DCJ (the sentencing judge) on 21 October 2024 for a single count of sexual intercourse without consent contrary to s 61I of the Crimes Act 1900 (NSW). The applicant was sentenced to a term of imprisonment for 2 years and 6 months commencing on 7 May 2024 and expiring...
BRISBANE, Queensland, June 3 -- The Queensland Cabinet issued text of the following statement: JOINT STATEMENT Premier and Minister for Veterans The Honourable David Crisafulli Minister for Women and Women's Economic Security, Minister for Aboriginal and Torres Strait Islander Partnerships and Minister for Multiculturalism The Honourable Fiona Simpson Cultural champions receive Queensland Reconciliation Awards * Far North Queensland's Pormpur Paanthu Aboriginal Corporation takes out top h...