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Administrative

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

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·07 June 2017

Handyman Ordered to Pay Damages for Defective Work

The NSW Civil and Administrative Tribunal dismissed an appeal, confirming that a handyman's work was defective and ordering him to pay damages. The Tribunal relied on expert evidence to determine the cost of fixing the work and found that the handyman was not properly licensed or qualified to perform the work.

Allowed in PartNSW Civil and Administrative Tribunal (Occupational Division)·16 May 2017

Conditions Imposed on Professional Registration Due to Misconduct

In this case, the NSW Civil and Administrative Tribunal imposed conditions on a professional's registration due to unsatisfactory conduct. The conditions included restrictions on working as a pharmacist and handling certain pharmaceutical products, but the Tribunal did not find the conduct to be unethical or unprofessional.

DismissedFederal Court of Australia·27 Mar 2017

Federal Court Dismisses Security for Costs Case

In this case, the Federal Court dismissed the claimant's application seeking recusal of the judge and variation of an order requiring provision of a person. The court also ordered that if the claimant fails to provide the required security by a specified date, her substantive proceeding will be dismissed.

DismissedNSW Civil and Administrative Tribunal (Occupational Division)·08 Feb 2017

Security Licence Revoked Due to Assault Conviction Under New Regulations

The NSW Civil and Administrative Tribunal decided to revoke a security licence after the licensee was convicted of assault. The decision was based on new regulations that applied retroactively.

Allowed in PartNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·04 Jan 2017

Access Granted to Parts of Workplace Report Under GIPA Act

AllowedAustralian Defence Force Discipline Appeal Tribunal·16 Dec 2016

Conviction Quashed Due to Reasonable Doubt in Defence Force Case

The Federal Court of Australia quashed a conviction due to reasonable doubt about the complainant's evidence, despite acquittal on other charges. The decision highlights the importance of ensuring that convictions are based on reliable evidence without reasonable doubt.

AllowedNSW Civil and Administrative Tribunal (Occupational Division)·13 Dec 2016

Councillor Suspended for Misconduct - NSW Civil and Administrative Tribunal

AllowedNSW Civil and Administrative Tribunal (Guardianship Division)·08 Nov 2016

Financial Management Order for Incapacitated Person with Dementia

DismissedNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·19 Aug 2016

NSW CAT Rules Lack of Jurisdiction to Review Recognition Payment Refund Demand

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·29 June 2016

Dividing Fence Substantially Complies with Agreement

DismissedNSW Civil and Administrative Tribunal (Appeal Panel)·28 June 2016

Appeal Dismissed: No Question of Law - NSW Civil and Administrative Tribunal

AllowedNSW Civil and Administrative Tribunal (Appeal Panel)·14 June 2016

NSW Appeal Panel Grants Leave: Unfair Hearing Practices Overturned

DismissedSupreme Court of New South Wales·08 June 2016

Supreme Court Upholds Denial of Working with Children Clearance Due to Risk to Children

OtherNSW Civil and Administrative Tribunal (Appeal Panel)·08 June 2016

Unsuccessful Appeal Costs Order at NSW Civil and Administrative Tribunal

In this case, the NSW Civil and Administrative Tribunal ordered the appellant to pay the respondent's legal costs after an unsuccessful appeal. The Tribunal determined that special circumstances existed, including the complexity of the legal dispute and the unsuccessful nature of the appeal.

AllowedSupreme Court of New South Wales·14 May 2016

Supreme Court Allows Medical Intervention Over Patient’s Refusal

DismissedNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·07 Apr 2016

Home Previously Sold as Residence Not Eligible for First Home Owner Grant

The NSW Civil and Administrative Tribunal reviewed an application for a First Home Owner Grant and found that the home in question was not eligible because it had been previously sold as a place of residence. This decision was based on the definition of a 'new home' in the First Home Owner Grant (New Homes) Act 2000.

DismissedLand and Environment Court (NSW)·07 Apr 2016

Land and Environment Court Dismisses Council Amalgamation Challenge

A a person government body brought a judicial review case challenging the process for considering an amalgamation of council areas. The Land and the address dismissed the case, ruling that the claimant’s alternative proposal did not need to be formally considered in the current process.

AllowedSupreme Court of New South Wales·31 Mar 2016

Judicial Review Upholds Claimant's Application for Costs

DismissedSupreme Court of New South Wales·04 Mar 2016

NSW Supreme Court Rejects Plaintiff's Offer of Compromise

In this case, the plaintiff made an offer of compromise to settle the proceedings. However, the Court determined that the offer did not represent a true element of compromise and therefore did not grant a special costs order. The ruling was based on the Uniform Civil Procedure Rules 2005 (NSW).

AllowedNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·03 Mar 2016

NSW Civil and Administrative Tribunal Orders Release of Documents Under Public Interest Considerations

In this case, the NSW Civil and Administrative Tribunal reviewed a decision by an agency to withhold certain documents. After considering the public interest in favour of disclosure versus confidentiality concerns, the Tribunal ordered the release of the documents, highlighting the importance of government transparency.

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