The Petal from JADE OpenLaw

The Petal Daily Brief — the day in Australian law, on your perambulations. Each weekday morning the Host and our desk correspondents (Criminal, Commercial, Public Law, Practice & Procedure, Tax & Revenue, Tribunals and the Trans-Tasman Desk) bring you the decisions that matter from Australia's and New Zealand's courts and tribunals, selected for what they say about legal principle. Produced from The Petal, the curated daily editions of BarNet OpenLaw's Jade Ledger — read the judgments at ledger.jade.io. Reviewed under OpenLaw's content and podcasting standard; the voices in this program are AI-generated. Theme music by Michael Green SC. Nothing in this program is legal advice.

The Petal from JADE OpenLaw is a education podcast hosted by BarNet OpenLaw, with 167 episodes on record and a Required Pod Score of 80. PitchCentric scores this show on Booking Probability, Listen Score, and live audience signals refreshed every 24 hours.

BarNet OpenLaw hosts The Petal from JADE OpenLaw, a education show with 167 episodes published.

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  The Petal from JADE OpenLaw

  New South Wales (15 September 2026)

  Sep 15, 202610 min

  Send us Fan Mail Fourteen New South Wales decisions. The Supreme Court on a protective costs order for a public interest challenge with no personal stake, and on what it takes to say a self-represented litigant lacks capacity. The Court of Appeal on three refusals of leave, including a payment custodian that held the money but made no promises. The Land and Environment Court on heritage additions and two tree disputes. And bail after a retrial order. Wednesday's house spot from JADE sits after the opening block, in its own chapter. Practice and Procedure Desk . Lyon v Professional Standards Council of New South Wales [2026] NSWSC 1114 - protective costs order under UCPR r 42.4(1): an evaluative discretion under the s 56 overriding purpose turning on access to justice; public interest without a statutory open standing regime; the claim need only be arguable and bona fide; a cap should not remove all exposure; costs capped at $25,000, not the $5,000 sought. JADE Sasterawan v Molla [2026] NSWSC 1116 - a litigant is presumed to have capacity and the party asserting incapacity must prove it, usually by expert medical evidence; the court will not read the opposing solicitor's affidavit of its own motion; a prior incapacity finding is not evidence of the facts found (s 91(1)) and capacity is specific to the current litigation; a r 7.18 tutor application must name the tutor and give notice, or seek a stay under s 67; separate question determined in the plaintiff's favour. JADE Commercial Law Desk . Young v Aliexpress International (Australia) Pty Limited [2026] NSWCA 194 - leave refused with costs: a custodian that receives, holds and refunds money is not knowingly concerned in others' misrepresentations; s 12GH(2) attribution needs the company's consent to the conduct; leave to replead refused after repeated failures; the amount at stake weighed against leave. JADE CharterLaw Legal Pty Ltd v Maloney [2026] NSWCA 195 - no stay of costs orders not yet made; expedition refused under the Elders burden; the appeal would not be rendered nugatory. JADE McCall v SMRT Log Pty Ltd [2026] NSWCA 191 - leave to appeal an order permitting reliance on an affidavit without cross-examination refused: no issue of principle, no House v The King error, premature. JADE Public Law Desk (Land and Environment Court synopses; principles only, no outcome stated). Way Ming International Holdings Pty Ltd v The Council of the City of Sydney [2026] NSWLEC 1604 - heritage additions and design excellence: heritage inventory sheets not applied prescriptively; the cl 6.21C(2) considerations; an adequate heritage impact statement; the cl 4.6 request; LEP envelope standards against DCP special character controls. JADE Roylance v Todd; Brooks v Todd [2026] NSWLEC 1603 - Trees Act jurisdiction: the s 4 zoning threshold; the s 10(2) damage/injury test, 'likely' as a real and not remote chance; on-site advanced testing against desktop review; a council permit is not determinative. JADE Armstrong v The Owners of Strata Plan 5548 [2026] NSWLEC 1611 - causal nexus under s 10(2): proximity is not enough; the seven-factor Fang v Li framework; AS 2870 cannot establish causation; the 12-month near-future test; alternative causes eliminated. JADE Criminal Law Desk . Galey-Newbury v R [2026] NSWCCA 140 - bail granted with conditions after a conviction appeal succeeded and a retrial was ordered: cause shown by time in custody, the proportion of the non-parole period served by the retrial date and prior compliance; bail concerns minor and mitigated by conditions. The applicant faces a retrial and is presumed innocent. JADE Registry (list only, no outcome stated). Stathakis v Richard Crookes Constructions Pty Ltd [2026] NSWSC 1113 - negligence, duty of care. JADE Sharma v J L Management Pty Ltd [2026] NSWLEC 1601 - trees dispute. JADE Lanevick Pty Ltd v Hunter's Hill Council [2026] NSWLEC 1605 - development application. JADE Li v Ku-ring-gai Council [2026] NSWLEC 1606 - development application appeal. JADE Cadele Investments Pty Ltd v Randwick City Council [2026] NSWLEC 1593 - development consent. JADE Full typeset judgments are in the Judicial Ledger . Theme music by Michael Green SC.

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  The Petal from JADE OpenLaw

  Queensland (15 September 2026)

  Sep 15, 20266 min

  Send us Fan Mail Three Queensland decisions, and the two from the Court of Appeal are both five-star doctrine: when a defendant can get summary judgment on a limitation point and what a nuisance plaintiff must plead; and whether a court must look inside counselling records before it lets an accused subpoena them. Wednesday's house spot from JADE sits after the opening story, in its own chapter. Practice and Procedure Desk . Maybury v Brodie [2026] QCA 175 - summary judgment under r 293(2) has two cumulative requirements (no real prospect of success and no need for a trial); a defendant relying on limitation bears the onus, and when economic loss from a latent building defect accrues is unsettled and unsuited to interlocutory determination; the pleaded continuing-breach case was not shown to be barred; whether the Body Corporate Act and the easement of shelter confer private rights is for trial; private nuisance need not plead fault (Hunt Leather); appeal allowed, orders set aside. JADE Criminal Law Desk . SWN v CJA [2026] QCA 174 - sexual assault counselling privilege attaches to the communication, not the document; under s 14H(1)(a) the court need not examine each document before granting leave and may be satisfied by inference from known circumstances; singular includes plural; 'application' means the filed application; the s 14H(2A) inspection power is used sparingly; access, redaction and restriction are for the return of the subpoena; appeal dismissed. Parties pseudonymised; the accused is presumed innocent. JADE Registry (list only, no outcome stated). McMillan v Trad (No 2) [2026] QSC 219 - costs orders. JADE Full typeset judgments are in the Judicial Ledger . Theme music by Michael Green SC.

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  The Petal from JADE OpenLaw

  Australian Courts of Appeal (15 September 2026)

  Sep 15, 20269 min

  Send us Fan Mail Seven appellate decisions, three of them five-star doctrine. Queensland on summary judgment, limitation and what a nuisance plaintiff must plead, and on how the counselling privilege threshold is applied before a subpoena issues. Western Australia on whether a State that has paid a judgment in full can still appeal it. New South Wales on three refusals of leave and a grant of bail after a retrial order. Wednesday's house spot from JADE sits after the opening block, in its own chapter. Practice and Procedure Desk . Maybury v Brodie [2026] QCA 175 - summary judgment has two cumulative requirements (no real prospect of success and no need for a trial); a defendant relying on limitation bears the onus, and when economic loss from a latent building defect accrues is unsettled and unsuited to interlocutory determination; the pleaded continuing-breach case was not shown to be barred; private nuisance need not plead fault (Hunt Leather); appeal allowed, orders set aside. JADE McCall v SMRT Log Pty Ltd [2026] NSWCA 191 - leave to appeal an interlocutory order permitting reliance on an affidavit without cross-examination refused: no issue of principle, no House v The King error, premature; an order excusing a civil party's attendance has no legal effect. JADE Young v Aliexpress International (Australia) Pty Limited [2026] NSWCA 194 - leave refused with costs: a payment custodian that receives, holds and refunds money is not knowingly concerned in others' misrepresentations; s 12GH(2) attribution needs the company's consent to the conduct; leave to replead refused after repeated failures; the amount at stake weighed against leave. JADE CharterLaw Legal Pty Ltd v Maloney [2026] NSWCA 195 - no stay of costs orders not yet made; expedition refused under the Elders burden; the appeal would not be rendered nugatory. JADE Criminal Law Desk . SWN v CJA [2026] QCA 174 - sexual assault counselling privilege attaches to the communication, not the document; the court need not examine each document before granting leave and may be satisfied by inference from known circumstances; singular includes plural; the s 14H(2A) inspection power is used sparingly; access questions are for the return of the subpoena; appeal dismissed. Parties pseudonymised; the accused is presumed innocent. JADE Galey-Newbury v R [2026] NSWCCA 140 - bail granted with conditions after a conviction appeal succeeded and a retrial was ordered: cause shown by time in custody, the proportion of the non-parole period served by the retrial date and prior compliance on bail; bail concerns minor and mitigated by conditions. The applicant faces a retrial and is presumed innocent. JADE Public Law Desk . The State of Western Australia v Barber [2026] WASCA 130 - judicial power is the final determination of the parties' rights; a judgment satisfied in full with undertakings leaves no controversy, and a decision would be an advisory appellate opinion; the discretion to hear a moot appeal is exercised cautiously and only in exceptional circumstances; other pending claims and reputational vindication do not justify it, an appeal lying against orders, not findings; appeal dismissed. JADE Full typeset judgments are in the Judicial Ledger . Theme music by Michael Green SC.

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  The Petal from JADE OpenLaw

  Western Australia (15 September 2026)

  Sep 15, 20266 min

  Send us Fan Mail A quiet day on the Western Australian list, two decisions, and the one that heads it is a five-star doctrine decision from the Court of Appeal on whether the State can appeal a judgment it has already paid in full. First, a co-ownership sale in the Supreme Court. Wednesday's house spot from JADE sits after the opening story, in its own chapter. Practice and Procedure Desk (synopsis; principles only, no outcome stated). Young v Bottoni [2026] WASC 385 - the two-stage O 14 summary judgment test; sale in lieu of partition under s 126(1) of the Property Law Act is mandatory unless there is good reason to the contrary; standing from a half share; disputes over timing, rent or fixtures do not defeat the order; affidavits presented as pleadings are of little evidentiary value; conduct of sale under O 53. JADE Public Law Desk . The State of Western Australia v Barber [2026] WASCA 130 - judicial power is the final determination of the parties' rights; a judgment satisfied in full with undertakings leaves no controversy, and a decision would be an advisory appellate opinion; the discretion to hear a moot appeal is exercised cautiously and only in exceptional circumstances, weighing scope and resources, wider ramifications, reputational vindication, bad faith findings, doubt over correctness and costs; other pending claims and reputational vindication do not justify it, an appeal lying against orders, not findings; appeal dismissed. JADE Full typeset judgments are in the Judicial Ledger . Theme music by Michael Green SC.

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  The Petal from JADE OpenLaw

  Australian Courts of Appeal (11 to 13 September 2026)

  Sep 13, 202612 min

  Send us Fan Mail Twelve appellate decisions from six courts across the weekend: cold-case DNA evidence goes back before a jury, Lawyer X's negligence claim fails on every ground, a doctor's findings of guilt are restored on the law of reasons, mixed verdicts stand in Brisbane, a Crown appeal splits the Adelaide court, and a Sydney sentence is redone for silence on deterrence. Then partnership accounts, a stay until costs are paid, and a jury verdict that produced nothing. Criminal Law Desk . DPP v Roderic [2026] VSCA 223 - admissibility rulings reviewed for correctness; s 137 probative value taken at its highest, contamination a jury question unless no rational jury could accept the evidence (Tuite no longer followed); deceased complainant's notes and statement admissible under s 65(2)(b); labels under s 70 without the originals. Prosecution not yet tried; presumption of innocence. JADE Dahaby v Cassim [2026] VSCA 224 - where no appeal lies, reasons need only identify the basis of the decision; a bare denial needs no separate explanation once the complainants' evidence is accepted; findings of guilt restored. JADE R v CEF [2026] QCA 171 - inconsistent verdicts: the MacKenzie test; differing complainant reactions rationally explain mixed verdicts on mistake of fact; a hung count is not an acquittal. JADE R v Grocke [2026] SASCA 96 - R v D standard flexible and influential without a formal position of trust; Crown appeals only in the rare and exceptional case; 2:1 on manifest inadequacy but permission refused on double jeopardy. JADE TD v R [2026] NSWCCA 139 - a reduced-moral-culpability finding generally requires the judge to say how it bears on deterrence; resentenced to seven years; cumulative Bugmy, mental-health and youth factors need not be separately quantified. JADE Pearce v R [2026] NSWCCA 138 - circumstantial case weighed as a whole; an innocent hypothesis not raised at trial was not reasonably open; no resiling on appeal from an 'evening out' concession on parity. JADE Public Law Desk . Gobbo v State of Victoria [2026] VSCA 221 - breach assessed prospectively, not with hindsight; social utility in lawful informer recruitment; voluntary assumption of risk made out; general release construed by text, context and purpose bars the claims; extension of time refused. JADE Practice and Procedure Desk . Jason H Pty Ltd as trustee for the Jason H Family Trust v Habchi [2026] QCA 172 - partnership relief without an express plea where the facts were litigated; the duty to render accounts survives termination and is unconditional; deciding on a basis not pressed without inviting submissions denied procedural fairness; Question 5A remitted. JADE Jaworski v Chartered Accountants Australia and New Zealand [2026] NSWCA 190 - fresh proceedings on the same conduct with prior costs unpaid stayed as an abuse of process; impecuniosity relevant but not decisive; former-researcher relationships do not found apprehended bias. JADE Townley v Woolpack [2026] VSCA 222 - civil jury damages set aside only where no reasonable jury could have reached the figure; the jury advantage on credit extends to history-dependent psychiatric opinion; $21,000 under the threshold, no damages. JADE Enyo Lawyers Pty Ltd v Island Resorts (Facilities and Equipment) Pty Ltd [No 2] [2026] QCA 173 - costs not sought below are not awarded on appeal; three Calderbank offers, none unreasonably refused; standard costs of the appeal. JADE Residential Reports Pty Ltd v Shannon [2026] ACTCA 32 - appeal listing vacated where security, stay and set-aside applications could not be heard first; timing of the security application left to that hearing. JADE Full typeset judgments are in the Judicial Ledger . Theme music by Michael Green SC.

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