Cases and Articles

Peach v Brisbane City Council & Anor [2019] QPEC 41

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PLANNING AND ENVIRONMENT – APPEAL – where submitter appeal against approval – where approval for a mixed use high-rise development – where development does not comply with planning scheme in force at the time the development application was properly made – where latter amendments made to planning scheme – whether…

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Kelly & Anor v Slade & Anor [2018] QCA 270

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APPEAL AND NEW TRIAL – PROCEDURE – QUEENSLAND – APPEAL COSTS FUND – POWER TO GRANT AN INDEMNITY CERTIFICATE – where the Court allowed the appeal against the decision of the primary judge and concluded there should be a retrial – where the unsuccessful respondent seeks an indemnity certificate – where the appeal turned on…

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Kelly & Anor v Slade & Anor [2018] QCA 197

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APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – INTERFERENCE WITH JUDGE’S FINDINGS OF FACT – FUNCTION OF APPELLATE COURT – WHERE FINDINGS BASED ON CREDIBILITY OF WITNESSES – NECESSITY FOR FINDING TO BE CLEARLY WRONG – where the appellants commenced proceedings to recover money which they said was…

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Electoral Commission of Queensland v Awabdy [2018] QSC 33

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CONSTITUTIONAL LAW – OPERATION AND EFFECT OF THE COMMONWEALTH CONSTITUTION – INCONSISTENCY OF LAWS (CONSTITUTION, s 109) – GENERALLY – TEST FOR INCONSISTENCY – where a Commonwealth Act requires the agent of a State branch of a registered political party to furnish a return with particulars of receipts of more…

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