Administrative
Administrative judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Appeal Dismissed: Privacy Act Exemption for Registry Actions Upheld
Tribunal Upholds Costs Order in Part
Indirect Race Discrimination in Written Work Standards
Tribunal Dismisses FOI Claim Against Police
Sofa Description Appeal Dismissed by NSW Supreme Court
The plaintiffs appealed a decision about a sofa's description, arguing that the sofa did not match the photograph in the catalogue. The appeal was dismissed because the plaintiffs could not prove any legal basis for their claim.
Commissioner's Decision to Reverse First Home Owner Grant Affirmed, Penalty Reduced
The Tribunal reviewed a Commissioner's decision to reverse a first home owner grant and request repayment. The Tribunal affirmed the decision to reverse the grant and request repayment but varied the penalty to 5%.
Stamp duty imposed on declaration of trust affirmed by Tribunal
Retail Lease Assignment: Costs Order Decision
Tribunal Sets Aside Summon To Internal Reviewer
The Tribunal decided to set aside a summons to compel an internal reviewer to testify, finding that the reviewer could not provide any relevant evidence. The decision was based on the Administrative Decisions Tribunal Act 1997.
Freedom of Information Act Exemptions for Legal Privilege
In this case, the Tribunal reviewed a decision by a Council delegate to refuse access to documents on the grounds of legal professional privilege. The Tribunal affirmed the refusal, except for a specific tax invoice, finding that the documents were exempt under the Freedom of Information Act 1989.
Security Licence Refusal Upheld Due to Prior Conviction
Solicitor's Certificate Suspended for Misconduct
Disclosure of Student Disciplinary History Found Unlawful Under Privacy Act
The Administrative Decisions Tribunal ruled that it was unlawful for academic staff to disclose a student's disciplinary history to a third party without a valid exception under the Privacy Act.
Single Judge Cannot Overturn Another’s Ex Parte Order in NSW Supreme Court
Retail Shop Lease Jurisdiction Upheld by Tribunal
The Tribunal decided it had the authority to hear a case involving a retail shop lease dispute. The Respondent argued that the lease did not qualify under the Retail Leases Act 1994, but the Tribunal disagreed.
Federal Court Rejects Taxpayer’s Challenge to Assessments
A a person challenged their tax assessments in Federal Court, claiming various issues with the process used by the ATO. However, the judge ruled that there were no valid reasons to dispute the assessments and awarded summary judgment for the a person. Execution was temporarily halted to allow time for objections to be resolved.
Licensee Found Guilty of Professional Misconduct for Mishandling Trust Funds
Federal Court Dismisses Claim for Transitional Residence Certificate
A person seeking a Transitional Residence Certificate must show they have taken up permanent residence in Australia. In this case, the Federal Court upheld an Administrative Appeals Tribunal decision denying the certificate because the claimant's brief visit did not meet the criteria for 'residence'.
Federal Court Dismisses Repeated Claim as Abuse of Process
The Federal Court dismissed a case brought by someone who repeatedly filed similar lawsuits against the same company. The court found this to be an abuse of process, as it was clear that the litigant would not accept decisions from previous cases and continued to bring more claims without reasonable grounds.