The Petal from JADE OpenLaw

Send us Fan Mail Twelve headnoted appellate decisions from six courts in the edition of Friday 30 October 2026, with the Queensland, Victoria and Western Australia editions of the same roll-up folded in. A tax fraud prosecution stayed on terms; directors ordered to compensate a diluted shareholder personally; a split decision on an off-the-plan sunset clause; contributory negligence measured by sk...

Send us Fan Mail Thirteen decisions in the Federal Courts edition for Friday 30 October 2026, one from the Full Court of the Federal Court of Australia and twelve from the Federal Court, six with Judicial Ledger headnotes. The opening story: an employer that relied on legal advice in deciding to end a contract does not waive privilege by putting its state of mind in issue in an adverse action clai...

Send us Fan Mail Twenty four decisions from four courts in the New South Wales edition of Friday 30 October 2026, eight of them headnoted. One payment claim after a construction contract ends; contributory negligence measured by each party's own skill; preference is not fraud on creditors; apprehended bias at the Judicial Commission; an undecided claim for a lesser penalty; an intensive corre...

Send us Fan Mail The Trade Marks Office and six tribunals, thirty two decisions, in the Tribunals edition of Friday 30 October 2026, eight with headnotes. A wakeboard park that was not a tourist operation, seven trade marks rulings, and worked examples on information access, risk assessment and tribunal practice. Tribunals Desk: a wakeboard park and the use class (lead). Hagger and Abraham v Sorel...

Send us Fan Mail Five headnoted appellate decisions from three courts in the edition of Thursday 29 October 2026, with the Western Australia, South Australia and Tasmania editions of the same day folded in. A self-represented litigant treated as having closed a case he said was still open; a partner named senior next of kin, and why that status confers no right to bury; habeas corpus and a convict...

Send us Fan Mail Eight decisions in the Federal Courts edition for Thursday 29 October 2026, all from the Federal Court of Australia, none with a Judicial Ledger headnote and two with a Signal synopsis. A quiet day, and a loud lead: security for costs against a company that sues, where the company claiming that security would stifle its claim must prove that the people who stand to benefit from th...

Send us Fan Mail Sixteen decisions from three courts in the New South Wales edition of Thursday 29 October 2026, four of them headnoted. In a construction subcontract, "estimated" completion dates paired with an extension mechanism bind, a deemed ground for extension must still be claimed within the notice bar, and a reserve power to extend for the contractor's benefit excludes the...

Send us Fan Mail A trade marks day: twenty seven decisions in the Tribunals edition of Thursday 29 October 2026, nineteen of them from the Trade Marks Office, all headnoted. Why a SaaS business could not prove use for software goods; when preparatory steps count as use; bad faith three ways; the words too plain to register; and six oppositions on likeness and reputation. Tribunals Desk: a software...

Send us Fan Mail Eight headnoted appellate decisions from seven courts in the edition of Wednesday 28 October 2026, with the New South Wales, Queensland, Victoria, Western Australia, South Australia, Tasmania and ACT editions of the same day folded in. An adjournment refused for want of the client's own evidence; stealing that was never an available alternative verdict; an unreasonable verdic...

Send us Fan Mail The first Fair Work brief: Fair Work now has its own daily stream. Sixteen Fair Work Commission decisions from the Fair Work Tribunals edition of Wednesday 28 October 2026, one with a headnote and one with a synopsis. How to identify the regulated host of a labour hire crew inside a corporate group under the same job, same pay regime; and why a platform seeking a stay pending appe...

Send us Fan Mail Eight decisions in the Federal Courts edition for Wednesday 28 October 2026: one from the Full Court of the Federal Court of Australia and seven from the Federal Court, five with Judicial Ledger headnotes. The opening story: a divided Full Court holds that a union permit holder's genuine purpose, even one resting on a mistake, enlivens the right of entry under s 484 of the Fa...

Send us Fan Mail The Patent Office and three tribunals, twelve decisions, in the Tribunals edition of Wednesday 28 October 2026, one with a headnote. Why a reward scheme run through a payment terminal is mostly not a manner of manufacture after Aristocrat '25; how to get back into a VCAT case you missed and how to test a Calderbank offer; why a small business sale without a disclosure stateme...

Send us Fan Mail The Petal's New Zealand edition for Tuesday 27 October 2026 carries 8 decisions newly reported from the Supreme Court, the Court of Appeal and the High Court, and all eight are aired. The thread is using the court's process for what it's for: when a hopeless proceeding is plainly an abuse of process and when it is merely hopeless; a judicial conduct complaint used t...

Send us Fan Mail Six headnoted appellate decisions from four courts in the edition of Tuesday 27 October 2026, with the Queensland, Victoria, Western Australia, South Australia and ACT editions of the same day folded in. A parole term that needs its own reasons; relief from a guillotine consent order when the pleading was served but not filed; substantial part in software copyright; a failed joint...

Send us Fan Mail Nine decisions in the Federal Courts edition for Tuesday 27 October 2026: one from the Full Court of the Federal Court of Australia, newly reported, and eight from the Federal Court of Australia, four with Judicial Ledger headnotes. The opening story: how the Full Court measures a substantial part of a computer program under the Copyright Act 1968 (Cth), by the originality of the...

Send us Fan Mail The Australian Patent Office and four tribunals, seven decisions in the Tribunals edition of Tuesday 27 October 2026, two with headnotes. Why two patent oppositions failed against claims wider than the examples; and what a tribunal expects of someone who manages another person's money. The Fair Work Tribunals edition of the same day (twenty five Fair Work Commission decisions...

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...