Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. By way of summons filed 16 February 2024, Mid-Coast Council ('Council') commenced Class 4 civil enforcement proceedings seeking declaratory and consequential relief against John Janek Christopher Gazecki and Natalie Marie Decorte ('respondents') relating to the carrying out of development comprising the construction of a new and/or enlarged dam ('Dam 1') on land at 1079 Upper M...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. This is an internal appeal under s 80(2) of the Civil and Administrative Tribunal Act 2013 (NSW) ("NCAT Act") against orders made in the Consumer and Commercial Division of the Tribunal on 19 and 23 September 2024. 2. The application relates to a dispute under the Residential Tenancies Act 2010 (NSW) ("RTA"). 3. There are two applications to the Tribunal relevant to this appe...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 230401 for the use of a workshop shed and creative studio for hobbies (the shed) (the proposal), at 5 Ambleside Avenue, Murrumbateman (the site), by Yass Valley Council (the Council). 2. The Co...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. GSX (the Applicant) seeks review of a decision of the Children's Guardian (the Respondent) to cancel their working with children check clearance (WWCCC) under s 27 of the Child Protection (Working with Children) Act 2012 (the Act). 2. The Respondent cancelled the WWCCC on the grounds the Applicant poses a risk to the safety of children as a result of the Applicant's conduct in...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. Whitehaven Coal Mining Ltd (Whitehaven) has pleaded not guilty to an offence that, as a person who had a work, health and safety duty pursuant to s 19(1) of the Work Health and Safety Act 2011 (NSW) (WHS Act) it failed to comply with that duty and thereby exposed workers, in particular Mr Luke Randall, to a risk of death or serious injury contrary to s 32 of the WHS Act. On 26 ...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. On 28 March 2024, Police attended the respondent's residence to undertake a safe storage inspection. On a further search of the respondent's property, they found five cannabis plants in the respondent's backyard, as well as dried cannabis leaf in his residence. Police suspended the respondent's firearms licence that day. 2. The respondent was charged with one count of possessi...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. TCOMMISSIONER: This appeal concerns a development control order issued by Sutherland Shire Council on 28 October 2024 (the order) concerning premises at 452-456 The Boulevarde, Kirrawee. The order was issued pursuant to s 9.34(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act), which allows a development control order to be given in accordance with the tab...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. This matter concerns an application by the Health Care Complaints Commission (the Commission) under the Health Practitioner Regulation National Law (NSW) (the National Law) for disciplinary findings and orders with respect to the Commission's complaint (the Complaint) against Adam Michael Liszt, a registered nurse (the practitioner). 2. Under the heading "Background", our desc...
Australia, Sept. 1 -- New South Wales Land and Environment Court issued text of the following judgement on July 31: 1. Pursuant to a statement of claim filed on 9 May 2023, the plaintiff seeks damages from the defendant, the State of New South Wales, based on an alleged physical and sexual assault which occurred whilst the plaintiff was a juvenile and held by the State in a juvenile facility. 2. The plaintiff was born on 27 July 1982 and, at the time of the alleged abuse, that is, in 1999, he ...
CANBERRA, ACT, Sept. 1 -- The Prime Minister of Australia issued the following media release: PATRICIA KARVELAS, HOST: After the massive rallies this weekend and a big debate about what they mean, the Prime Minister is my guest this afternoon. Prime Minister, welcome. ANTHONY ALBANESE, PRIME MINISTER: Good afternoon, Patricia. KARVELAS: Do you think there were good people with legitimate concerns at these anti-immigration rallies this weekend? PRIME MINISTER: Of course, there's always good p...