Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. These proceedings concern a dispute arising out of a home building contract. The subject of the contract was a two-storey home at Schofields (the 'Contract'). 2. The Contract was in a standard form NSW Residential Building Contract for New Dwellings as published by the Housing Industry Association ('HIA'). It contained no special conditions, and as such it prescribed a 26-week ...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. THE COURT: On 9 August 2024, the Court, constituted by the Chief Justice, Meagher JA and Harrison CJ at CL, delivered its reasons in respect of two sets of proceedings which were heard together: The Law Society of New South Wales v Attorney General of New South Wales; ABC Insurance Pty Ltd v The Law Society of New South Wales [2024] NSWCA 90 (the Judgment). 2. These reasons ass...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. On 25 March 2025 Mr Vance complained to the President of the Anti-Discrimination Board about conduct of EML NSW Limited (EML) and the Trustee for Illawarra Health Service Unit Trust (Illawarra Occupational Health). 2. icare (insurance and care NSW) is a government organisation that delivers insurance and care services to people with workplace injuries under the NSW workers comp...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. The Applicant (Mrs Malass) has commenced a Class 1 development appeal of the refusal of a development application lodged in 2024 (2024 DA) by Strathfield Municipal Council (Council) for premises in Boden Avenue Strathfield (the property). The Council filed a notice of motion seeking summary dismissal of the Class 1 appeal on the basis of an abuse of process due to the 2024 DA's ...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. Mr Margan complained to the President of the Anti-Discrimination Board that Macquarie University had discriminated against him on the ground of homosexuality by subjecting him to a detriment: Anti-Discrimination Act 1977 (NSW), s 49ZO. The discriminatory treatment was assigning him to a Catholic school for a three week placement (10 October to 28 October 2022) for the Master of ...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. The plaintiff, Boral Resources (NSW) Pty Ltd (Boral), supplies construction material and building products. The defendant, Pacific National Services Pty Ltd (Pacific National), is a rail freight operator. Both are substantial corporations. 2. They entered into a suite of contracts under which Pacific National provided rail transport services to Boral, including making available...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. THE COURT: The applicant (Craig Paulson) seeks leave to appeal from a decision dated 21 May 2024 by the primary judge (Ainslie-Wallace ADCJ). Her Honour summarily dismissed proceedings brought by the applicant in the District Court claiming damages for breach of a contract of employment against the respondent (the State of New South Wales). The summary dismissal followed the app...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: 1. This appeal concerns the Appellant's application for a firearms licence. The appeal involves consideration of provisions of the Firearms Act 1996 (NSW), the Firearms Regulation 2017 (NSW) and the Crimes Act 1900 (NSW). 2. The Appellant appeals a decision (which we will refer to as the Decision), published on 13 January 2025, the effect of which was to determine that the Tribuna...
Australia, Sept. 9 -- New South Wales Land and Environment Court issued text of the following judgement on Aug. 8: WARD P: I agree with Free JA. KIRK JA: I agree with Free JA. FREE JA: This appeal involves a challenge to an order for family provision made by the primary judge under s 59 of the Succession Act 2006 (NSW) (Succession Act) in favour of the respondent, Justine Bosschieter, from the estate of her grandmother, Margaret Howitt. As is conventional in matters of this kind, after intro...
Australia, Sept. 9 -- Cottons Corp. Pty. Ltd., owns the trademark (2507404) for 'COMFORTS BY COTTONS' and 'DROP WITH LTR C' till Dec. 16, 2034. Status: registered: Registered/protected Class: 5 [Sanitary preparations (being menstrual products); sanitary pads (menstrual products), sanitary liners, breast pads, panty shields, tampons, nursing pads, maternity pads, wing towels; nappies; napkin pants; sanitary pads for bladder management; sanitary tampons] Type of Mark: Figurative Date of Accept...