Administrative
Administrative judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.
Appeal Allowed: Statutory Warranties and Jurisdiction
Victimisation Claim Upheld Against Employer - NSW Civil and Administrative Tribunal
Financial Support and Recognition Payment Granted Despite Reduction
The NSW Civil and Administrative Tribunal granted the claimant's application for financial support and recognition payment under the [NAME] Act 2013 (NSW), despite a 20% reduction due to the claimant's own conduct.
Claimant's Firearms Licence Revoked Due to Mental Health Concerns
Costs Order Set Aside in Appeal: NSW Civil and Administrative Tribunal
In this appeal, the NSW Civil and Administrative Tribunal set aside the original costs order and remanded the issue back for reconsideration due to errors in the initial ruling. The decision was based on the Civil and Administrative Tribunal Act 2013 (NSW) and the Civil and Administrative Tribunal Rules 2014 (NSW).
Federal Court Rejects Judicial Review Application Against Registrar Decisions
In this case, a litigant challenged Registrar decisions refusing certain documents for filing on grounds of being frivolous or seeking orders beyond the court's power. The Federal Court dismissed the application, affirming that such administrative decisions are not subject to judicial review if made in good faith.
Supreme Court Dismisses Vexatious Proceedings Under VPA 2008
Builder Must Rectify Non-Compliant Deck Construction
A builder appealed a decision to remove and reinstall a non-compliant deck according to specifications. The NSW Civil and Administrative Tribunal dismissed the appeal, upholding the original order.
Federal Court Rejects Application for Extension of Time
NSW Tribunal Rejects Disability Discrimination Claim Against an Online Retailer
NSW Tribunal Upholds Refusal of Firearms Licence Over Public Safety Concerns
The NSW Civil and Administrative Tribunal upheld the refusal of a man's firearms licence application. Although the man was found not guilty of violent and intimidating behaviour in a previous court case, the Tribunal decided that issuing a licence would be contrary to the public interest due to concerns over public safety.
Tribunal Can Determine GIPA Act Applications Regardless of Party Residency
Appeal Allowed: Tribunal's Order Amendment Reversed Due to Procedural Unfairness
Appeal Upheld Due to Inadequate Reasons and Significant New Evidence
NSW Appeal Panel Allows Appeal Due to Insufficient Reasoning on Statutory Guarantees
The a person allowed an appeal because the lower Tribunal did not provide sufficient reasons when deciding on a claim involving defective goods sold without statutory guarantees under the a person. This led to the case being remanded for re-determination by another panel.
Application for Leave to Institute Proceedings Dismissed
Federal Court Rules on Waiver of Legal Professional Privilege in Defamation Case
In this defamation case, the Federal Court ruled that the claimant could waive certain legal protections (legal professional a person) over documents relevant to their dispute against media entities. This decision allows for greater transparency and access to information in ongoing litigation.
Federal Court dismisses judicial review challenge against Human Rights Commission
The Federal Court dismissed an application for judicial review of a decision by the Human Rights Commission. The Commission had determined that the complainant's allegations did not meet the requirements under s 46P of the Australian Human Rights Commission Act 1986 (Cth).