Cases and authorities

PRACTICE AND PROCEDURE - Uniform Civil Procedure Rules rr 51.50 and 42.21 - security for costs of appeal against refusal to stay proceedings on the forum non conveniens basis - whether "special circumstances" established - whether foreign appellants should be required to provide security before issue of forum resolved

TORTS – negligence – slip and fall – whether leave to appeal should be granted – no question of principle

PROCEDURE – application for stay of judgment pending determination of appeal – appellant not in a position to pay the judgment debt and prosecute his appeal – risk that the refusal of a stay would render appeal futile – stay granted – no conditions on the stay imposed – respondent not in any worse position by the grant of a stay without conditions given the financial position of the appellant – by the expedition granted to accommodate interest of the appellant

CONVEYANCING - vendor and purchaser- matters arising between contract and completion- whether contract validly rescinded- whether trial judge erred in construction of a special condition of a contract for the sale of land- whether letter from architect was a determination according to that clause- trial judge was correct in finding that the letter was not a determination according to the clause- appeals dismissed. - WORDS AND PHRASES - "Delay".

PROCEDURE - costs- appeals as to costs- leave required- applicant Council sought to reverse costs orders made against it in Land and Environment Court- Class 4 proceedings in Land and Environment Court brought by Council had been partly settled and otherwise dismissed- application of UCPR- Calderbank letter- leave to appeal refused. - PROCEDURE - costs- jurisdiction- courts of limited jurisdiction.

APPEAL – application for leave to appeal – dismissal by Workers Compensation Commission of application to reconsider previous decision – no question of principle

PROCEDURE – application for stay pending application for special leave

PRACTICE & PROCEDURE – judgments and orders – stay of orders – proposed application for special leave to appeal – whether prospects of success warrant granting of stay – existence of other proceedings – judgment debt in other proceedings in favour of judgment debtor in current proceedings – extent to which outcome of other proceedings is relevant to assessment of balance of convenience – undertaking not to dispose of assets – whether prejudice resulting from granting of stay

PROCEDURE - leave to file cross-claim - whether cross-claim futile - whether proposed cross-defendant owed duty of care to plaintiff - father of plaintiff - plaintiff aged 2 years 4 months - took her to premises while he did work at premises - adjoining drainage reserve with pond - no fencing - mere fact of parenthood did not give rise to duty of care - but relevant as part of circumstances - were other circumstances - arguable that owed duty of care and that there was breach - leave to file cross-claim.

BUILDING AND ENGINEERING CONTRACTS - Building and Construction Industry Security of Payment Act 1999 - whether Construction Risks Insurance Policy contained a "construction contract" - INSURANCE - Construction Risks Insurance Policy - whether imposed an obligation on insured to perform construction work - whether obligation to take "reasonable precautions" simply a condition precedent to insurer's liability or whether it also gave rise to an enforceable promise to take those precautions.

PRACTICE & PROCEDURE – judgments and orders – continuation of stay of orders – proceedings dismissed summarily – proceedings brought by group of persons asserting right to remain in occupation of Crown Land – dismissal of proceedings liable to result in forced removal in absence of continuing stay – whether prejudice resulting from restraints upon ability of Council to remove persons over holiday period – whether continuation of stay appropriate until appeal determined

APPEAL – leave to appeal - appeal from determination of separate questions – full disposition of hearing of first instance trial before exercise of the appellate jurisdiction - PROCEDURE - judgments and orders - effect of judgments - determination of separate questions - whether reasons of trial judge went beyond scope of separate questions – whether reasons foreclosed issues in the proceedings – whether failure to afford procedural fairness – answers given to separate questions do not preclude any aspect of further hearing at first instance - PROCEDURE - judgments and orders - effect of judgments - determination of separate questions - whether trial judge failed to answer many of the questions placed before him in the separate issues –unanswered questions remain live in the litigation at first instance – no need to invoke the appellate jurisdiction - APPEAL - application for leave to cross-appeal – revival of application previously dismissed by Court of Appeal – previous orders and declarations - whether orders and declarations below interlocutory – relevance of evidence for rest of hearing – whether answers to questions will preclude evidence being led

PROCEDURE - discovery of documents from prospective defendant- preliminary discovery ordered on basis that although the identity of the defendant and the causes of action were clear, there was insufficient information available to the respondents to decide whether or not it was commercially viable to commence proceedings against the applicant- in principle this is correct.

COSTS - leave to appeal - burden on claimant - no question of principle

APPEAL – application for leave to appeal – no question of principle

ADMINISTRATIVE LAW – procedural fairness – party’s representative unable to attend Consumer, Trader and Tenancy Tribunal hearing because of illness – reasonable opportunity to be heard – no obligation to adjourn and commence search for absent party – whether failure to accord rehearing for want of jurisdiction rendered earlier decision given without hearing from one party procedurally unfair – Consumer, Trader and Tenancy Tribunal Act 2001 (NSW), s 68 - WORDS AND PHRASES – “procedural fairness”

APPEAL – challenge to assessment of non-economic loss – challenge to apportionment of culpability – no material factual or legal error - COSTS – indemnity basis – warning to insurers and legal counsel about bringing untenable appeals - TORTS - negligence – apportionment of liability between occupiers of premises –contractual arrangement between parties as to cleaning responsibilities – whether area of plaintiff’s fall separate to areas which restaurant had to clean - TORTS – damages – non-economic loss – assessment of severity of plaintiff’s injuries – absence of significant factual or legal error – Civil Liability Act 2002 (NSW), s 16 - TORTS – hypothetical assessment of employer’s liability – reduction of damages recoverable from third party tortfeasor – Workers Compensation Act 1987 (NSW), s 151Z(2)

PROCEDURE - non-publication orders - no question of principle

PROCEDURE - application for stay pending hearing of application for leave to appeal - no question of principle

DAMAGES - solicitors' negligence- plaintiff's possible alternative transactions not relevant.

Wright Prospecting Pty Limited v Mount Bruce Mining Pty Limited Contract – Construction of terms – Where contract concerned acquisition of rights in relation to temporary reserves and payment of royalties in respect of iron ore mined – Where royalty payable in respect of iron ore mined from "MBM area" – Whether "MBM area" refers to physical area of land or rights in relation to that land – Meaning of phrase "deriving title through or under". Contract – Construction of terms – Recourse to background or surrounding circumstances. High Court – Appellate jurisdiction of High Court – Precedential value of special leave reasons. Words and phrases – "commercial purpose", "deriving title through or under", "MBM area", "surrounding circumstances", "temporary reserves". Mining Act 1904 (WA), ss 48, 50, 53, 276, 277.

Criminal law – Attempt to pervert the course of justice – Where respondent questioned in compelled interview about property transfer she stamped for which no duty paid – Where respondent allegedly altered photocopies of cheques – Where respondent allegedly gave false evidence under oath – Where respondent charged with perverting the course of justice under s 319 of Crimes Act 1900 (NSW) – Whether offence of perverting the course of justice only applies to conduct committed after judicial proceedings commence – Whether "course of justice" within meaning of s 319 requires jurisdiction of court or competent judicial tribunal to have been invoked. Words and phrases – "contemplated proceedings", "course of justice", "intention", "judicial proceedings", "pervert the course of justice", "tendency". Crimes Act 1900 (NSW), s 319. Taxation Administration Act 1996 (NSW), Pt 6, Div 2, s 72.

Criminal law – Sentencing – Federal offences – Consistency – Current sentencing practices – Whether sentencing courts to have regard to current sentencing practices throughout Commonwealth. Criminal law – Appeals against sentence – Manifest excess or inadequacy – Sentencing statistics – Drug importation offences – Whether permissible to assess current sentencing practices by statistical analysis of correlation between sentence and quantity of drug imported. Precedent – Intermediate appellate courts – Use of sentencing decisions of intermediate appellate courts. Words and phrases – "consistency", "courier", "current sentencing practices", "statistics", "yardstick". Crimes Act 1914 (Cth), Pt IB. Criminal Code (Cth), s 307.2. Judiciary Act 1903 (Cth), s 68. Sentencing Act 1991 (Vic), s 5(2)(b).

Criminal law – Evidence – Trial by judge alone – Appellant convicted of aggravated indecent assault of granddaughter ("CD") – CD aged three years at time of alleged offence – Appellant gave sworn evidence denying offence – CD's unsworn statement only evidence of offence – Trial judge did not record any finding respecting appellant's evidence – Whether reasons sufficient to make clear appellant's evidence rejected beyond reasonable doubt – Whether CD's evidence reliable – Whether evidence sufficient to prove offence beyond reasonable doubt.

Criminal law – Manslaughter by unlawful and dangerous act – Appellant party to joint enterprise to supply methadone to deceased – Deceased died from combined effect of methadone and prescription drug – Whether appellant's supply of prohibited drug to deceased unlawful and dangerous act – Whether sufficient evidence to warrant order for new trial on basis that appellant administered or assisted in administering drug to deceased. Criminal law – Manslaughter by criminal negligence – Appellant party to joint enterprise to supply methadone to deceased – Deceased suffered adverse reaction to drugs in appellant's presence – Appellant failed to obtain medical treatment for deceased – Whether appellant under legal duty to take steps to preserve deceased's life. Words and phrases – "legal duty", "omission", "supplier of prohibited drug", "unlawful and dangerous act".

Contract law – Interpretation – Unitholders' agreement prohibited sale of trust property without unitholders' prior written consent – Whether prohibition on sale without consent fettered unitholder's right to vote for extraordinary resolution to wind up managed investment scheme under s 601NB of the Corporations Act 2001 (Cth). Corporations law – Managed investment scheme – Trust registered as managed investment scheme under Ch 5C of the Corporations Act – Injunction obtained restraining majority unitholder from voting for extraordinary resolution to direct winding up of managed investment scheme under s 601NB of the Corporations Act without minority unitholder's consent – Minority unitholder alleged vote would contravene prohibition in unitholders' agreement – Whether unitholder's statutory right to vote under s 601NB can be fettered by contractual agreement. Words and phrases – "extraordinary resolution directing the responsible entity to wind up the scheme", "managed investment scheme", "wind up". Corporations Act 2001 (Cth), Ch 5C, s 601

Taxation – Income tax – Share buy-back – Off-market purchase – Company's financial record of transaction – Whether dividend or capital gain – Whether purchase price "debited against amounts standing to the credit of ... the company's share capital account" – Meaning of "share capital account" – Relevance of legislative history. Words and phrases – "account", "buy-back", "combined share capital account", "debited against amounts standing to the credit of", "financial records", "financial statements", "purchase price", "share capital account". Corporations Act 2001 (Cth), Pt 2J.1 of Ch 2J, Pt 2M.2 of Ch 2M. Income Tax Assessment Act 1936 (Cth), ss 6D, 159

Administrative law (Cth) – Social security – Where application of income test in Module H of Youth Allowance Rate Calculator in s 1067G of Social Security Act 1991 (Cth) reduced rate of youth allowance in certain circumstances where ordinary income earned, derived or received – Where point 1067G-H23 of Module H provided "ordinary income is to be taken into account in the fortnight in which it is first earned, derived or received" – Where appellant received youth allowance for 14-day instalment period beginning on Thursday and ending on second Wednesday that followed – Where appellant worked as casual employee at grocery store without fixed days or hours of work – Where appellant paid weekly by employer for hours worked during period of 7 days beginning on Monday and ending on Sunday of preceding week – Where appellant required to report gross amount "earned for work done" during each instalment period – Where youth allowance instalment period did not align with weekly payslips – Where appellant consistently and mistakenly reported net income in payslips for two preceding working weeks – Where Secretary gave notice in respect of debt which Secretary considered had arisen by operation of s 1223(1) of Social Security Act – Where Secretary satisfied certain ordinary income received but could not be satisfied as to fortnight in which ordinary income earned – Whether, and if so how, point 1067G-H23 required such ordinary income to be taken into account. Words and phrases – "daily rate", "debt", "first earned, derived or received", "fortnightly instalment period", "gross income ", "income test", "net income", "ordinary income", "overpayment", "rate calculator", "social security", "social security benefit", "social security payment", "social security periodic payment", "youth allowance", "Youth Allowance Rate Calculator". Social Security Act 1991 (Cth), ss 8, 1067G, 1223(1), 1229. Social Security (Administration) Act 1999 (Cth), s 8.

Companies – Australian financial services licence – Provision of financial services – Where issuer did not hold or have benefit of Australian financial services licence for product – Where Australian financial services licence required if product is "financial product" – Where "financial product" includes facility through which person makes financial investment – Where "financial product" includes derivative – Where product involved deposit and withdrawal of Australian dollar amount – Where issuer converted deposit into cryptocurrency – Where product involved fixed rate of return on deposit paid in cryptocurrency and possible further return from increase in value of cryptocurrency – Whether product "financial product" – Whether product facility through which person makes financial investment – Whether product derivative. Words and phrases – "arrangement", "contract for the future provision of services", "contribution", "convert", "credit facility", "crypto‑asset", "cryptocurrency", "derivative", "derived from or varies by reference to", "exchange", "facility", "financial investment", "financial product", "financial services", "fixed rate of return", "general definition of a financial product", "generate a financial return, or other benefit, for the investor", "interest", "investor", "issuer", "lend", "money or money's worth", "nexus", "overriding exclusions", "return", "rights and title to", "specific inclusions", "use", "user". Corporations Act 2001 (Cth), Ch 7, Pt 7.1 Div 3, ss 760A, 761A, 761B, 761D, 761E, 762A, 762B, 762C, 763A, 763B, 763E, 764A, 765A, 766A, 766C, 911A. Corporations Regulations 2001 (Cth), Pt 7.1 Div 1, reg 7.1.06(1)(a)(iv). Evidence Act 1995 (Cth), s 191.

Austral v Northern Territory Binsaris v Northern Territory O'Shea v Northern Territory Webster v Northern Territory Damages – Exemplary damages – Where appellants exposed to CS gas at youth detention centre – Where High Court held in Binsaris v Northern Territory [2020] HCA 22; (2020) 270 CLR 549 that spraying of CS gas constituted unlawful battery of appellants – Where High Court remitted matter to Supreme Court of Northern Territory for assessment of damages – Whether exemplary damages should be awarded – Whether Court of Appeal of Supreme Court of Northern Territory failed to execute judgment of High Court in accordance with s 37 of Judiciary Act 1903 (Cth) – Whether Court of Appeal erred in approach to exemplary damages – Whether Court of Appeal erred in holding that it was not open to assessing judge to award exemplary damages on direct liability basis – Whether award of $200,000 to each appellant for exemplary damages manifestly excessive – Whether pre-judgment interest should be awarded on general damages. Words and phrases – "aggravated damages", "assessment of damages", "attribution", "battery", "bystanders", "care, control, and custody", "conscious wrongdoing", "contumelious disregard", "damages", "defence of lawful authority", "denunciation", "deterrence", "direct liability", "discretion", "doctrine of finality", "exemplary damages", "fact-finding", "general damages", "lawful authority", "lawful option", "manifestly excessive", "moral retribution", "parity", "pleaded case", "pre-judgment interest", "proportionality", "proportionate punishment", "reasonable and necessary", "remitter", "reprehensible conduct", "state of mind", "systems and training", "tort of battery", "tortious conduct", "totality", "unlawful", "vicarious liability". Judiciary Act 1903 (Cth), s 37. Supreme Court Act 1979 (NT), s 84. Weapons Control Act 2001 (NT), ss 6, 12(2). Youth Justice Act 2005 (NT), ss 151, 152(1), 153, 157(2).

Tort – Negligence – Duty of care – Scope of duty – Vicarious liability – Public authorities – Police – Crowd control – Protest march – Where police intervened in protest march to prevent risk to public safety – Where appellant injured when knocked to ground during arrest of third party – Whether police owed duty to exercise reasonable care in undertaking crowd control to avoid physical injury to members of crowd and bystanders foreseeably at risk of injury from operational response – Whether duty extends to injury suffered by appellant – Whether breach of duty – Whether police actions unreasonable having regard to apprehended threat to public safety – Whether alternative courses of action reasonable. Words and phrases –"agony of the moment", "assumed duty", "assumption of responsibility", "breach of duty", "bystander", "careless act", "causation", "criminal acts of others", "crowd control", "duty of care", "flag burning", "foreseeably at risk", "general police liability", "imposed duty", "infringement of rights", "innocent passers-by or bystanders", "level of generality", "melee", "negligence", "physical injury", "police intervention", "police operations", "police services", "positive negligent conduct", "precautions", "profession of particular skill", "protest march", "public safety", "reasonable care", "reasonable foreseeability of risk", "reasonable person", "reasonably foreseeable", "reasonably necessary", "risk of harm", "scope of duty", "scope of liability", "social utility", "standard of care", "statutory function", "threat to public safety", "tool of analysis", "undertaking of responsibility", "vicarious liability". Civil Liability Act 2002 (NSW), ss 5B, 5C, 5D. Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 4, 198, 199, 200, 230, 231. Police Act 1990 (NSW), ss 6, 13, 14.

CRIME – appeals – appeal against sentence – requirement to assess objective seriousness of offence – whether necessary to assess seriousness on a notional range CRIME – appeals – appeal against sentence – manifest excess – whether aggregate sentence manifestly excessive by reference to indicative sentences – utility of sentencing statistics

Income tax (Cth) – Assessable income – Distributions to entities connected with private company – Loans treated as dividends under s 109D of Income Tax Assessment Act 1936 (Cth) ("ITAA 1936") – Where deed of settlement of discretionary trust required amounts set aside for any beneficiary to be held on separate trust – Where trustee made resolutions to set aside amounts of net income for corporate beneficiary – Where corporate beneficiary had unpaid present entitlements – Whether resolutions to set aside amounts effected distributions – Whether amounts set aside sufficiently certain for creation of separate trusts – Whether relationship of debtor and creditor arose between trustee and corporate beneficiary – Whether unpaid present entitlements were loans for purposes of s 109D(3) of ITAA 1936. Words and phrases – "admission of indebtedness", "advance of money", "corporate beneficiary", "debtor/creditor relationship", "deemed dividend", "discretionary object", "discretionary trust", "distribution", "financial accommodation", "in substance effects a loan of money", "loan", "loan of money", "making a loan", "net income", "obligation of repayment", "obligation to repay", "pending payment", "private company beneficiary", "repay", "same amount", "separate trust", "set aside", "time to pay", "unconditional duty to pay", "unpaid present entitlement". Income Tax Assessment Act 1936 (Cth), ss 44(1), 95, 97, 109C, 109D, 109E, 109F, 109XA, 109XB, 109ZD. Income Tax Assessment Act 1997 (Cth), ss 6‑25, 104-55, 960‑100(1).

Tort – False imprisonment – Defences – Where plaintiff detained under s 189(1) of the Migration Act 1958 (Cth) following visa cancellation – Where since 28 July 2022 there was no real prospect of plaintiff's removal from Australia becoming practicable in reasonably foreseeable future – Where in November 2023 NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 280 CLR 137 reopened and overruled Al-Kateb v Godwin [2004] HCA 37; (2004) 219 CLR 562 – Where effect of NZYQ was that ss 189(1) and 196(1) of the Migration Act did not authorise plaintiff's detention from 28 July 2022 – Where Commonwealth accepted elements of tort of false imprisonment established – Where Commonwealth accepted it was vicariously liable for liability of detaining officer – Where Commonwealth propounded novel common law defence to negative liability from 28 July 2022 to time of orders in NZYQ on 8 November 2023 – Whether Commonwealth's defence should be recognised to negative common law liability of detaining officer for tort of false imprisonment. Constitutional law – Judicial power – Where detaining officer reasonably understood statutory duty to be to keep plaintiff in immigration detention by reason of Al-Kateb – Whether protection of officer from liability would enhance respect for and compliance with law declared by High Court – Whether Queensland v Stradford (a pseudonym) (2025) 99 ALJR 396; 421 ALR 376 supported novel defence. Words and phrases – "agency", "bound to execute", "common law defence", "common law judicial immunity", "compliance with the law", "constitutional invalidity", "constitutional responsibility", "derivative liability", "detaining officer", "detention", "direct liability", "false imprisonment", "immunity", "institutional imperatives", "judicial independence and impartiality", "judicial power", "law enforcement privilege", "legal norm", "legislative power", "no real prospect of removal", "novel defence", "principle of legal equality", "purported performance", "reasonably foreseeable future", "rule of law", "separation of powers", "statutory duty", "unlawful non-citizen", "vicarious liability". Constitution, Ch III. Migration Act 1958 (Cth), ss 3A, 5, 189(1), 196(1), 198. Public Service Act 1999 (Cth), ss 7, 13(4), 15. Canadian Charter of Rights and Freedoms, s 24.

CRIME — appeals — appeals against conviction — whether trial judge erred by giving a warning under s 165(1)(d) of the Evidence Act 1995 (NSW) — whether there were “good reasons” not to give a warning under s 165(3) — where evidence is exculpatory of accused — error conceded — appeal allowed

CRIME – Appeals – Appeal against conviction –consciousness of guilt reasoning – allegation of collusion in oral evidence in Crown closing address going both to immediate post offence conduct and to evidence given in court – circularity of reasoning as to consciousness of guilt – improperly broad scope of Crown case on lies – directions did not cure prejudice – miscarriage established CRIME – Appeals – Appeal against conviction – asserted prosecutorial misconduct in cross-examination of accused and closing address – test to be adopted – personal commentary by prosecutor on accused’s evidence – mischaracterisation of accused’s evidence – improper use of compound questions – improper questioning as to collusion – inviting accused to comment on complainant’s evidence – inviting accused to comment on defence counsel’s examination of complainant – some degree of inappropriate conduct established – conduct not liable to divert jury from its task to extent which could realistically have affected its reasoning

BUILDING AND CONSTRUCTION – residential building contract – builder issues payment claim under Building and Construction Industry Security of Payment Act 1999 (NSW) for works at lock up stage – builder proceeds to adjudication and registers adjudication certificate as a judgment – where owners commence proceedings following dispute about termination of the contract – where primary judge found that works had not reached lock up stage and builder not contractually entitled to payment for works the subject of the claim – where primary judge found that owners validly terminated the contract and entitled to damages – application of s 32 Building and Construction Industry Security of Payment Act 1999 (NSW)

CONTRACTS – construction – whether monthly interest under short-term interest-only loans payable in advance or in arrears – whether provisions relating to payment of interest void for uncertainty – where drafting of provisions unsatisfactory but the intention of the parties is discernible from the loan agreements as a whole

SENTENCING — appeal against sentence — possession and production of child abuse material — material error of fact — whether sentencing judge mistook the number of images and videos possessed — lack of specificity in Agreed Facts — no error in finding that there were hundreds of images and videos combined SENTENCING — appeal against sentence — assessment of objective seriousness — whether sentencing judge erred in assessing the objective seriousness of offence as mid-range — where child abuse material was category 2 and less serious — where possession offence overlapped with offence of producing the material — error found and applicant re-sentenced

CRIMINAL APPEAL – appeal against sentence –imposition of life sentences for two murders – where first murder involved domestic violence with degrading sexual brutality – where victim of second murder a 2½ year old child – where second murder also involved “sexual motivation” – where second murder calculated to cover up first – whether life sentences manifestly excessive – terrible nature of a life sentence – whether pleas of guilty disregarded – whether childhood abuse and trauma should have resulted in determinative sentence rather than a life sentence – whether reasonably open to sentencing Judge to reject opinion of psychiatrist

CRIME — appeals — appeal against sentence — break and enter offences contravening Crimes Act, s 112 — limited utility of guideline judgment of R v Ponfield following Crimes (Sentencing Procedure) Act — need for caution in application — moral culpability — Bugmy principles — “causal link” between deprived background and commission of relevant offences — causal link relevant to consider but not essential to establish — manifest excess — limited utility of statistical comparisons — sentence not unreasonable or plainly unjust

CRIME – Appeals – Appeals against sentence – Failure to take into account a relevant consideration – where applicant’s evidence as to claimed mental condition reliant on self-reports – where primary judge made adverse findings as to the reliability and credibility of applicant’s evidence – where primary judge rejected applicant’s self-reported history and explanation of his offending CRIME – Appeals – Appeals against sentence – failure to provide adequate reasons – where sentencing judge rejected elements of the applicant’s evidence – whether reasoning adequately explained in sentencing remarks – where it could be readily inferred that the sentencing judge accepted nether that the applicant’s mental health contributed to offending, nor that it reduced moral culpability CRIME – Appeals – Appeals against sentence – Denial of procedural fairness – where primary judge rejected applicant’s evidence as to claimed mental condition and reported historical sexual abuse – whether adverse findings were made without notice

INTERNATIONAL ARBITRATION — arbitration agreement — stay of proceedings under s 7(2) of the International Arbitration Act 1974 (Cth) — interpretation of tiered dispute resolution clause in IATA Standard Group Handling Agreement — whether an agreement to agree — whether “the dispute” referred to substantive dispute or dispute as to arbitral process — no mandatory referral to arbitration AVIATION — interpretation of tiered dispute resolution clause in IATA Standard Group Handling Agreement

APPEALS — stay pending appeal — where primary judge ordered indefinite committal of contemnor — whether grounds of appeal raise serious issues — whether refusal would risk harm or prejudice to applicant — balance of convenience and competing interests — where applicant has ongoing medical issues APPEALS — stay pending appeal — power to grant bail in respect of committal for civil contempt — whether incident of power to order stay

APPEALS — stay of orders pending determination of summons for leave to appeal — orders for guardianship — protective jurisdiction — where orders made to stay other proceedings — where orders made prohibiting institution and prosecution of other proceedings — where no risk of prejudice if stay not made — where balance of convenience weighs against a stay — application refused CIVIL PROCEDURE — application for pro bono legal assistance — protective proceedings — where all parties appear in person — where referral unlikely to address applicant’s difficulty

EQUITY – unconscionable conduct – where appellant appoints son as appointor of family trust and transfers marital home to son – where stated purpose of transactions to place assets outside the reach of the daughter in any family provision claim – whether unconscionable advantage taken of any special disadvantage or disability EQUITY – unconscionable conduct – where special disadvantage said to arise from inadequacy of legal advice received and the absence of evaluative advice on the merits of the transactions to achieve the stated purpose – consideration of the role of legal advice in cases of unconscionable conduct – legal advice was not inadequate, and the appellant was capable of assessing the merits of the transactions

CRIME — Appeals — Interlocutory appeal — By accused against interlocutory judgment or order — appeal against refusal to recuse on the ground of apprehended bias — application under s 5F Criminal Appeal Act 1912 (NSW) COURTS AND JUDGES — Bias — Apprehended bias — whether in the circumstances a fair-minded lay observer might reasonably conclude that the primary judge might not bring an impartial mind to the questions before the court

CIVIL PROCEDURE — review of decision of Judge of Appeal — where primary judge dismissed notice of motion seeking document production and interrogatories — whether materials sought relevant to pleaded grounds — whether materials sought protected by legal professional privilege — whether requests amount to a “fishing expedition” — whether order for interrogatories necessary in interests of fair trial — where respondent confirmed it did not possess information sought by applicant CIVIL PROCEDURE — vacation of hearing — whether issues on notice of motion require oral hearing — whether to determine notice of motion on the papers — where applicant sought to adjourn hearing — where question on application is limited

CRIME ­­— appeals — appeal against conviction and sentence — notice of appeal filed out of time — self-represented applicant — large array of alleged errors on the part of trial judge and of defence counsel as well as general misfortune — no material error nor any matter potentially affecting the verdicts established — whether convictions unreasonable and sentence manifestly excessive — neither established — leave to appeal refused — no point of principle