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Australia natural justicenew trialmateriality

Stead v State Government Insurance Commission

Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54
JurisdictionAustralia
CourtHigh Court of Australia
Year1986
StatusBinding authority

Key Principle

Where a denial of natural justice (procedural fairness) is established, a new trial will ordinarily be ordered unless the court is satisfied that the breach could not have made any difference to the outcome; the party in breach bears a heavy onus to show the deprivation of the fair hearing could have had no bearing on the result.

Area of Law

procedure

Related Cases

Getswift Ltd v Webb (2021) 283 FCR 328; [2021] FCAFC 26
UBS AG v Tyne (2018) 265 CLR 77
Palmer v Ayres (2017) 259 CLR 478

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