The Petal from JADE OpenLaw

Send us Fan Mail Eight headnoted appellate decisions from four courts in the edition of Monday 26 October 2026, with the Queensland, Victoria, Western Australia, ACT, Tasmania and Northern Territory editions of the same day folded in. When defence counsel's failure to put a point is a rational forensic decision, and deterrence for an offender with a brain injury; an accused bound by counsel&a...

Send us Fan Mail Ten decisions in the Federal Courts edition for Monday 26 October 2026: five from the Federal Court of Australia and five from the Federal Circuit and Family Court of Australia (Division 1) Appellate Jurisdiction, the five family appeals with Judicial Ledger headnotes. The opening story: how the Federal Court decides whether to stay or defer a ground foreclosed by Full Court autho...

Send us Fan Mail Eight decisions from four courts in the New South Wales edition of Monday 26 October 2026, three of them headnoted. A shareholders' deed indemnity for costs arising out of or in connection with a default is measured by that objective connection, not by a costs assessor's reasonableness, and no reasonableness term is implied; only a grossly excessive expense falls outside...

Send us Fan Mail Four tribunals and seventeen decisions in the Tribunals edition of Monday 26 October 2026, five with headnotes, four of them from the Trade Marks Office. Why a mature child's settled wish to change his name needn't wait for proof of harm; what counts as use when a registered trade mark faces removal; why oppositions without evidence fail; and three worked examples on rev...

Send us Fan Mail The Petal's New Zealand edition for Friday 23 October 2026 carries 5 decisions newly reported from the Supreme Court and the High Court. A quiet Friday with a loud lead, all five aired, every one about the road to a higher court: why public importance without prospects does not earn a direct appeal under the Fast-track Approvals Act; fresh evidence and bail credit on a senten...

Send us Fan Mail Twelve headnoted appellate decisions from six courts in the edition of Friday 23 October 2026, with the Queensland, South Australia, ACT, Western Australia and Victoria editions of the same roll-up folded in. Discovery of planning panel members' notes in judicial review; pleading directors' knowledge; sentencing an adult for offences committed as a child; double counting...

Send us Fan Mail Thirteen decisions in the Federal Courts edition for Friday 23 October 2026, all from the Federal Court of Australia, four with Judicial Ledger headnotes. The opening story: in two representative sex discrimination and sexual harassment proceedings, the court claim must match the shape of the complaint terminated by the Australian Human Rights Commission, so claims the Commission&...

Send us Fan Mail Sixteen decisions from four courts in the New South Wales edition of Friday 23 October 2026, six of them headnoted. Land is "inclosed" only if fences, walls or other erections, with any natural feature, mark out the whole boundary so it can be known from the structures themselves, and a painted line is not an erection; a private prosecutor who loses pays costs. Jury ques...

Send us Fan Mail Four tribunals and eleven decisions in the Tribunals edition of Friday 23 October 2026, one with a headnote, with the Fair Work Tribunals edition of the same day folded in (226 decisions, nine with headnotes, four of them from the Full Bench). Why withdrawing an unfair dismissal claim in the same form that starts a general protections claim does not escape the multiple actions bar...

Send us Fan Mail Edition twelve — what the error changed, 8 to 21 October, appellate decisions only, deduped against edition eleven and the daily brief. Court after court asked a party who had found a mistake to show what it changed: a tribunal member's past association with an expert, a misclassified stated case question, a dividend sweep against the directors' duty of care, an appeal t...

Send us Fan Mail The Petal: Apex — International. Nine decisions of the Supreme Court of the United Kingdom, from 27 July to 17 September 2026 (The Petal's UKSC Editions of 31 August and 17 September 2026), reported from London by Rupert, with commentary for home from Harriet (Sydney) and Koro (Wellington), and a Criminal desk cameo from Rick. The theme is reach: across a border, into a paten...

Send us Fan Mail The Petal's New Zealand edition for Thursday 22 October 2026 carries 18 decisions newly reported from the Supreme Court, the Court of Appeal and the High Court. Nine at desk length: why the Crown could not fund the Māori Wardens around the councils the Act puts in control; a Crown proposal to five iwi that created no legitimate expectation; no third category of lawyer miscond...

Send us Fan Mail Eight headnoted appellate decisions from five courts in the edition of Thursday 22 October 2026, with the Queensland, Western Australia, South Australia and Victoria editions of the same day folded in. The home invasion extension of self-defence and a drug that relaxes; consent to a lawyer's removal from the roll; grounds that were never in a judicial review application; iden...

Send us Fan Mail Twelve decisions in the Federal Courts edition for Thursday 22 October 2026: one from the Full Court of the Federal Court and eleven from the Federal Court of Australia, three with Judicial Ledger headnotes. The opening story: the remedies judgment in Epic Games v Apple, where the Court held that the s 80 injunction power can restrain otherwise lawful conduct with a sufficient nex...

Send us Fan Mail Twelve decisions from three courts in the New South Wales edition of Thursday 22 October 2026, four of them headnoted. In a bank's institutional negligence case over a scam transfer, discovery of what the bank knew is confined to institutional knowledge up to the transaction date, and the customer must plead, looking forward, the procedure the bank should have had before broa...

Send us Fan Mail Four tribunals and the Trade Marks Office, ten decisions in the Tribunals edition of Thursday 22 October 2026, two with headnotes. Why Western Australia's tribunal could not review a recognised Queensland guardianship order but could appoint a guardian for a woman who had made her home in the west; why a solar business could not register its own trading name; and four worked...

Send us Fan Mail The Petal's UKSC edition for Wednesday 21 October 2026 carries one decision of the Supreme Court of the United Kingdom, and it is a big one for anyone advising a business that settles with a regulator. A quiet day, loud lead: why a penalty is not deductible in computing trading profits, and why payments agreed with a regulator in place of a penalty are penalties in substance,...

Send us Fan Mail The Petal: Apex — International, edition 3. One decision of the Supreme Court of the United Kingdom (The Petal's UKSC Edition, 21 October 2026), reported from London by Rupert, with commentary for home from Harriet (Sydney) and Koro (Wellington). An energy group settled four Ofgem investigations: four penalties of £1, and about £28 million paid to customers and charities inst...

Send us Fan Mail Eight headnoted appellate decisions from six courts in the edition of Wednesday 21 October 2026, with the Queensland, Western Australia, South Australia, Victoria and ACT editions of the same day folded in. An all in settlement offer that did not disclose its make up, and indemnity costs for hopeless applications and appeals; a party bound by the case it ran at trial; judicial rev...

Send us Fan Mail Ten decisions in the Federal Courts edition for Wednesday 21 October 2026, all from the Federal Court of Australia, none with a Judicial Ledger headnote, so this brief works from the edition's synopses. The opening story: what a party must prove, and when, to have witnesses give evidence by video link under s 47A of the Federal Court of Australia Act 1976 (Cth), and why a lat...

Send us Fan Mail Thirteen decisions from four courts in the New South Wales edition of Wednesday 21 October 2026, five of them headnoted. The Court of Appeal declines to follow its own decision in Franklin and holds that misclassifying a proposed question of law is ordinarily an error within jurisdiction, so review of a District Court refusal to state a case to the Court of Criminal Appeal needs b...

Send us Fan Mail Five tribunals and fourteen decisions in the Tribunals edition of Wednesday 21 October 2026, one with a headnote, with the Fair Work Tribunals edition of the same day folded in (nineteen decisions, one headnote). Why photographs of a fence became the complainant's personal information once they travelled with the complaint; what counts as regular work for a platform worker&ap...

Send us Fan Mail The Petal's New Zealand edition for Wednesday 21 October 2026 carries 21 decisions newly reported from the High Court. A big day, eight at desk length: why consultation on restricting puberty blockers could not support a prohibition, and why the regulations unjustifiably discriminated on the ground of disability; no licence fee for a neighbour's airspace; how the Court t...

Send us Fan Mail Episode two of The Petal: Victorian Reports. A roving outdoor broadcast on the trams of Melbourne's Free Tram Zone, from the Flinders Street Station corner to the State Library lawn, the Queen Victoria Market and the Docklands waterfront. The desks take all twenty reports in volume 79 of the Victorian Reports, the authorised reports of the Supreme Court of Victoria, published...

Send us Fan Mail The pilot of The Petal: Victorian Reports. From our outdoor broadcast desk on William Street, Melbourne, and then the Royal Botanic Gardens, the desks take all twenty one reports in volume 80 of the Victorian Reports, the authorised reports of the Supreme Court of Victoria, published by Little William Bourke on behalf of the Council of Law Reporting in Victoria, and ask why each c...