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Administrative

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

DismissedFederal Court of Australia·02 Aug 2018

Application for Extension Dismissed Due to Non-Appearance

A person seeking to extend the time to appeal against a visa cancellation decision had their case dismissed because they did not appear in court as required. The judge ruled that the claimant's absence justified dismissing the application for an extension of time.

OtherNSW Civil and Administrative Tribunal (Occupational Division)·31 July 2018

Self-represented claimant ordered to pay costs for dishonesty in NSW Civil and Administrative Tribunal

DismissedNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·23 July 2018

NSW Tribunal Upholds Revocation of Firearms Licence Due to Intimidation Conviction

The NSW Civil and Administrative Tribunal upheld the revocation of a man's firearms licence because he was convicted of intimidating someone and failed to secure his firearms properly. The court emphasised the importance of public safety and compliance with strict regulations on firearms possession.

DismissedAustralian Competition Tribunal·16 July 2018

Review Application Dismissed: ERA Decision Stands

The Australian Competition Tribunal dismissed an application for leave to a person a a person by the a person Regulation Authority of Western Australia (ERA) concerning the a person. The applicants challenged two aspects: return on equity and imputation credits, but the Tribunal found no reviewable error in the ERA's determination.

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·06 June 2018

Access to Government Info Appeal Rejected by NSW Civil and Administrative Tribunal

The NSW Civil and Administrative Tribunal dismissed an appeal challenging the Commissioner's decision on access to government information. The Tribunal ruled that the Commissioner did not hold any additional relevant information at the time of the initial decision.

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·25 May 2018

Application for Leave to Appeal Dismissed - NSW Civil and Administrative Tribunal

The NSW Civil and Administrative Tribunal dismissed an application for leave to appeal an interlocutory decision and ordered the applicant to pay the respondents' costs. The Tribunal found that the usual rule applies and that special circumstances were not demonstrated.

AllowedSupreme Court of New South Wales·14 Mar 2018

Costs Assessment Restrained to Resolve Unresolved Issues

AllowedFederal Court of Australia·06 Mar 2018

Federal Court Orders Transfer for Psychiatric Care

The Federal Court granted an urgent order to transfer a minor and his mother from Nauru to Australia for psychiatric care. The court found that the Commonwealth owed a duty of care to the minor due to his dependency on the Commonwealth for survival and sustenance.

AllowedSupreme Court of New South Wales·21 Feb 2018

Judicial Review of Workers Compensation Decision

In this case, the court reviewed a decision made by the Workers Compensation Commission regarding the assessment of permanent impairment for a worker. The court found that the appeal panel failed to identify a real error in the medical assessment certificate and ordered the matter to be remitted to the Commission for reconsideration.

Allowed in PartFederal Court of Australia·02 Feb 2018

Federal Court decision on judicial review of land council actions

In this case, the Federal Court considered whether a decision made by a land council complied with certain procedural requirements set out in a person a person. The court found that while some aspects of the claim were successful, others were not.

AllowedNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·30 Jan 2018

NSW Tribunal Approves Liquor Licence Transfer with Conditions

A person wanted to move their liquor licence from one place to another store. They argued that selling alcohol in packages at the supermarket wouldn't harm the community. The court agreed and allowed the transfer with certain conditions.

OtherNSW Civil and Administrative Tribunal (Occupational Division)·31 Oct 2017

Review of Prohibition Order for Unqualified Mental Health Services Provider

DismissedFederal Court of Australia·24 Oct 2017

Federal Court Denies Taxpayer's Request for Interlocutory Relief on Security Deposit Notice

The court denied a taxpayer's request for an interlocutory injunction to stop a notice requiring security for future tax liabilities. The court considered the taxpayer's history of non-compliance with tax obligations.

AllowedNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·16 Oct 2017

Access to Documents in Anti-Discrimination Complaint

DismissedSupreme Court of New South Wales·26 Sept 2017

Supreme Court Denies Leave to Appeal in Guardianship Case

The Supreme Court of New South Wales denied a man's request to appeal a decision made by the Civil and Administrative Tribunal of New South Wales (NCAT). The NCAT had appointed a guardian and financial manager for the man, and the Supreme Court upheld this decision.

AllowedNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·15 Sept 2017

Tribunal Allows Summons Despite Claims of Professional Confidential Relationship Privilege

Allowed in PartNSW Civil and Administrative Tribunal (Appeal Panel)·21 Aug 2017

Tribunal Varies Costs From Indemnity To Ordinary Basis

DismissedCourt of Appeal (NSW)·31 July 2017

NSW Court of Appeal Upholds Tribunal’s Decision to Cancel Medical Practitioner’s Registration

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·20 July 2017

Tribunal Rejects Appeal for Insufficient Evidence of Loss

AllowedSupreme Court of New South Wales·03 July 2017

Judicial Review Invalidates Workers Compensation Commission Decisions

In this case, the Supreme Court of New South Wales reviewed decisions made by the Workers Compensation Commission and found that they were made in error. The court declared the decisions invalid and ordered them to be reconsidered by the appropriate authority.

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