VadeLab

Administrative

Administrative judgments from Australian courts and tribunals, with a plain-English summary, the legal holding and frequently asked questions.

DismissedFederal Court of Australia (Full Court)·21 Sept 2021

Federal Court upholds Commissioner's notice seeking LPP details

The Federal Court dismissed an appeal brought against a statutory notice issued by the Commissioner of Taxation requesting information about documents claimed under legal professional privilege. The court ruled that the purpose of the notice was to determine whether to challenge such claims, not to make an actual determination of the claims.

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·30 Aug 2021

Consumer Claim Rejected: Services Failed to Achieve Intended Outcome

The NSW Civil and Administrative Tribunal dismissed an appeal, confirming the original ruling that a service provider was not entitled to payment for services that did not improve a bore's performance due to undisclosed risks.

DismissedNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·24 Aug 2021

Freedom of Information Decision Upheld by NSW Civil and Administrative Tribunal

AllowedNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·13 Aug 2021

NSW Police Force Exempt from Privacy Laws Due to Administrative Nature of Disclosure

The NSW Civil and Administrative Tribunal decided that the NSW Police Force was exempt from complying with privacy laws because the disclosure of personal information was considered an administrative function.

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·09 Aug 2021

Privacy Complaint Appeal Dismissed by NSW Civil and Administrative Tribunal

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·16 July 2021

Travel Agent Not Liable for Refunds Due to Frustration

AllowedNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·07 July 2021

NSW Civil and Administrative Tribunal Sets Aside Decision on Access Application

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·24 June 2021

NSW Appeal Dismissed: Delay and Lack of New Evidence

DismissedNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·07 May 2021

Convicted inmate's eligibility for victims support denied

The NSW Civil and Administrative Tribunal decided that a convicted inmate was not eligible for victims support because they could not prove they were seriously and permanently injured as a result of the violent incident.

RefusedNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·19 Mar 2021

NSW Civil and Administrative Tribunal Refuses Leave for Disability Discrimination Complaint

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·11 Mar 2021

Tribunal dismisses appeal over summonses legitimacy

DismissedNSW Civil and Administrative Tribunal (Occupational Division)·22 Dec 2020

Application Dismissed for Lack of Prosecution in NSW Civil and Administrative Tribunal

Allowed in PartAdministrative Decisions Tribunal (NSW)·20 Dec 2020

Tribunal Sets Aside Commission's Decision for Exceeding Powers

AllowedNSW Civil and Administrative Tribunal (Guardianship Division)·20 Nov 2020

Tribunal Finds Claimant Incapable of Managing Affairs Due to Financial Exploitation

Allowed in PartNSW Civil and Administrative Tribunal (Appeal Panel)·18 Nov 2020

Partial Success in Appeal Results in Cost Allocation

The claimant appealed certain decisions and won some parts of the appeal but lost others. As a result, the court ordered the respondent to pay the claimant 20% of her costs associated with the appeal.

Allowed in PartFederal Court of Australia·21 Oct 2020

Partial Success for Medical Practitioner Challenging Professional Services Review Decision

A medical a person challenged adverse decisions made against them a person the a company. The Federal Court partially granted their request, finding an error in the decision regarding repayment but upholding other aspects of the decision.

AllowedNSW Civil and Administrative Tribunal (Guardianship Division)·12 Aug 2020

Guardianship Order Renewed for Schizophrenia Patient

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·17 July 2020

Tribunal Rejects Appeal on Child Protection Decisions

The NSW Civil and Administrative Tribunal dismissed an appeal brought by the claimant regarding decisions on child protection, including the removal of a child and the cancellation of an authorisation. The Tribunal found that it lacked jurisdiction to review these decisions and that the claims were frivolous.

AllowedNSW Civil and Administrative Tribunal (Occupational Division)·26 June 2020

Appeal Allowed: Professional Registration Suspension Set Aside

DismissedNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·04 May 2020

Tribunal Confirms Parking Space Levy Assessments

A property owner contested a person assessments on their premises, arguing exemptions should apply. However, the NSW Civil and Administrative Tribunal ruled against them, confirming the levies due to insufficient evidence of exclusive use for exempt purposes.

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