Administrative
Administrative judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Tribunal Overturns Director's Rejection of Public Passenger Vehicle Authority
Category D Licence Refusal Due to Lack of Authorised Campaign Participation
Solicitor Removed from Roll for Professional Misconduct
The Tribunal found a solicitor guilty of professional misconduct for wilfully breaching trust fund regulations and misappropriating client funds, resulting in the solicitor being removed from the roll of legal practitioners.
Adjournment Refusal Due to Illness Violates Procedural Fairness
The NSW Supreme Court ruled that the claimant was denied procedural fairness when the Fair Trading Tribunal refused an adjournment due to the claimant's stroke. The court found that the claimant's illness impaired his ability to present his case adequately.
Claimant denied procedural fairness in liquor licensing decision
Discrimination Decision Affirmed, Certain Orders Set Aside
The Administrative Decisions Tribunal affirmed a decision that an employer discriminated against an employee on the ground of disability. However, certain orders were set aside due to legal errors, particularly the denial of natural justice to the employee.
Federal Court Clarifies Patent Amendment Process
In this case, the Federal Court clarified how the process of amending a a person application works. It determined that while the Commissioner has discretion to grant leave for amendments, they must follow all procedural steps outlined by regulations and legislation. This ruling is important for anyone seeking to amend their a person application.
Boxer's Registration Cancelled Due to Health Concerns
Tribunal Orders Landlord to Pay Rent and Costs for Lease Breach
Security Guard Licence Revoked Over Dishonesty and Shoplifting
Tribunal dismisses appeal over legal capacity of respondents
A complainant appealed a decision by the Tribunal regarding discrimination on the grounds of a presumed psychiatric disability. The appeal was dismissed because the named respondents did not have the legal capacity to be sued under the Anti-Discrimination Act 1977.
Federal Court Overturns Delegate’s Refusal to Extend Time for Filing Evidence in Patent Case
The Federal Court overturned a decision by a a person delegate who refused an extension of time for filing evidence in support of a person proceedings. The court ruled that the delegate must properly consider the nature and significance of the requested evidence before making such decisions.