Australian Tribunals (4 November 2026)

Send us Fan Mail A quiet day in the Tribunals edition of Wednesday 4 November 2026: six decisions from two state tribunals, none with a headnote, and two worked examples from synopses. What happens when a retail lease longer than five years was never registered or caveated and the premises are sold; and how to prove that a prohibited weapon is necessary for a business, and why evidence the applicant wrote carries little weight. Tribunals Desk: an unregistered retail lease and a sale (lead; framework from the synopsis). Luv Bridal Pty Ltd and Eva Investments Aust Pty Ltd [2026] WASAT 132 - synopsis: s 68 Transfer of Land Act 1893 (WA) extinguishment and priority where a lease over five years is neither registered nor caveated (Leros Pty Ltd v Terara Pty Ltd [1992] HCA 22); tenancy at will or other lease after extinguishment; the s 13 Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) statutory option or minimum term and the Form 3 notice; the evidentiary record; s 16(1) jurisdiction needs an existing retail shop lease relationship. Application dismissed. JADE Tribunals Desk: a weapons permit and the evidence (framework from the synopsis; no outcome stated). Ward v Commissioner of Police, NSW Police Force [2026] NSWCATAD 340 - synopsis: the objective core features test for necessity in the conduct of the applicant's business (s 11 Weapons Prohibition Act 1998 (NSW)); the onus on the applicant; self-drafted service agreements, unsigned letters and accountant certifications without job records are insufficient; uncontradicted expert evidence and alternatives can negate necessity; share of income not determinative. JADE Registry (list only; by subject; no outcome): Comfab Stainless Pty Ltd v Commissioner for Vocational Training [2026] NSWCATAD 337 (administrative review); HKC v Commissioner of Police, NSW Police Force (No 2) [2026] NSWCATAP 344 (costs); Gavin v Greenstone Financial Services Pty Ltd [2026] NSWCATAD 339 (interlocutory orders); Pickham v Gridcorp Group Pty Ltd [2026] NSWCATCD 132 (representation leave). Case notes Luv Bridal Pty Ltd and Eva Investments Aust Pty Ltd [2026] WASAT 132 - Mr D Harwood, Member, 2 November 2026. Signal: Illustrative. Transfer of Land Act 1893 (WA) s 68; Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) ss 13, 16(1); Commercial Tenancy (Retail Shops) Agreements Regulations 1985 (WA) Sch 2; Property Law Act 1969 (WA) s 72. The synopsis maps priority and indefeasibility, tenancy at will, the statutory option, the evidentiary record (agreed facts, notice to quit, solicitor correspondence, timing of service, tender of rent, urgent injunctive relief) and the jurisdictional gateway; it records that the application was dismissed and states no finding on any individual issue. Why aired: a reusable issue map for an unregistered long retail lease meeting a registered transfer. Ward v Commissioner of Police, NSW Police Force [2026] NSWCATAD 340 - J Smith, Senior Member, 4 November 2026. Signal: Illustrative. Weapons Prohibition Act 1998 (NSW) s 11; Osborne v Commissioner of Police [2000] NSWADTAP 10; Allen [2016] NSWCATAP 148; Gale [2026] NSWCATAP 320. Business type is distinguished from the applicant's preferred manner of operating; direct client evidence and detailed job records would be needed; expert evidence on ballistics and suppressor limitations and on alternatives (air rifles, hearing protection, trapping) c