Australia, Sept. 3 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 4: 1. This decision completes the State Wage Case 2024, a proceeding brought on by the Commission acting on its own initiative pursuant to s 50 of the Industrial Relations Act 1996 (NSW) (IR Act) arising from the decision of the Fair Work Commission (FWC) in Re Annual Wage Review 2023-2024 (National decision). [1] It determines the outcome of a review into nine minimum rates awards. ...
Australia, Sept. 3 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 4: 1. On 20 April 2025, Pared Ltd ("the defendant") filed a Notice of Motion ("the motion") seeking that the Statement of Claim filed on 12 November 2024 ("SOC") by Mr Sam Flecknoe ("the plaintiff") be struck out pursuant to r 14.28(1)(a) and/or (b) of the Uniform Civil Procedure Rules 2005 (NSW) ("UCPR"), or alternatively, that the plaintiff be ordered under r 15.1(1) of the UCPR to ...
Australia, Sept. 3 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 4: 1. The Applicant, Ms Phan, purchased an apartment in Sydney in 2022. She was a 'foreign person' for the purposes of the Duties Act 1997 (NSW) and was liable to surcharge purchaser duty (SPD) on the transaction. 2. When processing the dutiable transaction under the Electronic Duties Return (EDR) system, the stamping agent engaged by Ms Phan's solicitors failed to include the SPD in...
Australia, Sept. 3 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 4: 1. This matter concerns an application for disciplinary findings and orders brought by the Health Care Complaints Commission ("the Commission") against Nathan Kai Wei Pang, a nurse, under the Health Practitioner Regulation National Law (NSW) ("the National Law"). 2. On 29 April 2025 in Stage 1 of the proceedings the Tribunal determined that Mr Pang was guilty of unsatisfactory pro...
Australia, Sept. 3 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 4: 1. On 20 February 2021 Mr Neil King was driving his Nissan X-Trail along Fagans Road in Lisarow in the Central Coast of New South Wales. There were two passengers in the vehicle, Mr King's sons Sethan and Archibauld. The vehicle left the road and collided with a tree. 2. Tragically Archibauld died in the accident. Mr King and Sethan were seriously injured. Mr King's wife, Ms Alann...
Australia, Sept. 3 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 4: 1. GARLING J: I agree with Ierace J. 2. LONERGAN J: I agree with Ierace J. 3. IERACE J: The applicant seeks leave pursuant to s 5(1)(c) of the Criminal Appeal Act 1912 (NSW) to appeal a sentence imposed on him on 12 April 2024 by N Williams DCJ for seven Commonwealth offences relating to child abuse. 4. The offences were as follows: 1) Sequence 1, that on 6 April 2023 he intent...
Australia, Sept. 3 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 4: 1. This is an application by Ms Bindu Kumari ("the Applicant") for review of a decision by Insurance and Care NSW ("the Respondent or icare") under the Government Information (Public Access) Act 2009 ("the GIPA Act"). Background 2 Evidence provided by the Respondent explains that icare is a NSW Government agency that provides insurance and care services to statutory authorities a...
Australia, Sept. 3 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 4: 1. WARD P: I have had the considerable benefit of reading in draft the respective judgments of Leeming JA and McHugh JA and therefore can be brief in what follows. I agree, for the reasons given by McHugh JA and supplemented by Leeming JA, that grounds 1, 2 and 2A (going to the planning issues raised by the appeal) are not made good. 2. As to the issues raised by grounds 3 and 4, ...
Australia, Sept. 3 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 4: 1. By Further Amended Originating Process filed in Court with leave on 29 July 2025, the Plaintiff, Ms Vittoria Marques (to whom I will refer, without any disrespect, as "Vittoria") seeks an order under s 175 of the Corporations Act 2001 (Cth) ("Act") that the share register of C&V Engineering Co Pty Ltd ("CVE") be corrected to record the members of CVE as being Vittoria and the De...
Australia, Sept. 3 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 4: 1. This judgment deals with the applications in three Notices of Motion filed in these proceedings. 2. The plaintiff, Mr Nickolas Kemourtzis, commenced the proceedings by filing a Statement of Claim on 7 May 2025. The claim concerns a "cost-plus" contract entered into by Mr Kemourtzis and Brennan Constructions (NSW) Pty Ltd ("the Builder"), on 12 June 2021 ("the contract"), for th...