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natural justicenew trialmateriality
Stead v State Government Insurance Commission
Stead v State Government Insurance Commission (1986) 161 CLR 141; [1986] HCA 54
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
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