The Petal: Australian Case Law Daily from JADE OpenLaw
The Petal is the daily Australian law podcast for lawyers, barristers, law students and anyone who follows the courts. Each weekday it covers the new judgments that matter from the High Court of Australia, the Federal Court and Full Federal Court, the state and territory Courts of Appeal and Supreme Courts (New South Wales, Victoria, Queensland, Western Australia, South Australia, Tasmania, the ACT and the Northern Territory), Australian tribunals such as VCAT, QCAT, WASAT and the Fair Work Commission, and the courts of New Zealand. The day in Australian law, on your perambulations. The Host and our desk correspondents (Criminal Law, Commercial Law, Public Law, Practice and Procedure, Tax, Family Law, Tribunals and the Trans-Tasman Desk) explain what each case decides and why it matters to practice, in about ten minutes. Alongside the daily briefs: The Fortnight in Practice, The Petal: In Practice, Deep Dives on High Court decisions, and state editions. Produced by BarNet OpenLaw, the creators of JADE, from The Petal, the curated daily editions of the Jade Ledger. Read the judgments at jade.io and ledger.jade.io. Every episode and every case discussed: Episode Guide and Case Index. 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.
Episodes
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's choices; a superior court directing a tr...
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 authority while the High Court has the sa...
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 it. Defence counsel's failure to put a point ...
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 review and valuation.
Tribunals Desk: a settled wi...
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 sentence appeal; new evidence of intellectual d...
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 in aggregate sentences; jury questions and su...
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's delegate rejected drop out unless ...
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 questions alone will not prove juror research. Dou...
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; why a disputed dismissal must be d...
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 that ran a different case, and a judge wh...
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 patent pool, ahead of recognition, and p...
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 misconduct; a Calderbank offer on the eve of fil...
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; identity discovery and the desire to sue; ame...
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 nexus to a contravention, and that reli...
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 broader categories can be framed. An all reas...
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 examples on access to information, privil...
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, whatever their form, destination or acco...
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 instead. Could it deduct the redress? O...
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 review of a refusal to state a case; wh...
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 late, thinly evidenced application failed fo...
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