VadeLab

Administrative

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

AllowedFederal Court of Australia·17 Feb 2016

Federal Court Orders Liquidation Despite Ongoing Appeal

The Federal Court ruled that despite a company's ongoing appeal against a debt judgment, it cannot avoid being wound up in insolvency if it fails to pay a statutory demand. The creditor successfully argued for immediate action without delay.

AllowedSupreme Court of New South Wales·18 Dec 2015

Judicial Review of Workers Compensation Decision on Permanent Impairment

AllowedSupreme Court of New South Wales·11 Dec 2015

Supreme Court Declares Review Panel's Certificate Void for Denial of Natural Justice

RefusedFederal Court of Australia·26 Nov 2015

Federal Court Rejects Claimant’s Request to Re-Open Tax Dispute

In a case before the Federal Court, the claimant requested permission to reopen previous tax dispute cases and introduce additional evidence. However, the court ruled against this request, maintaining that such evidence should have been presented earlier in the proceedings.

RefusedFederal Court of Australia·26 Nov 2015

Federal Court Rejects Application to Reopen Tax Proceedings

DismissedCourt of Appeal (NSW)·23 Nov 2015

NSW Court of Appeal Rejects Reopening Orders Application

The NSW Court of Appeal rejected an application to reopen previous court orders, emphasising the need for procedural fairness and efficiency. The applicant, who was self-represented, attempted to challenge the restrictions placed on his ability to appeal certain decisions.

DismissedFederal Court of Australia·10 Nov 2015

Federal Court Orders Claimant to Pay Respondent’s Costs After Discontinuing Appeal

In this case, the claimant discontinued their statutory appeal without identifying a legal issue as required by the Administrative Appeals Tribunal Act. As a result, they agreed to pay the respondent's costs, which were set at $4,455.

OtherNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·06 Nov 2015

NSW Civil and Administrative Tribunal Orders Timely Submission on Freedom of Information Appeal

The NSW Civil and Administrative Tribunal ordered the claimant to submit timely evidence regarding her application for review under the GIPA Act. The claimant requested access to information held by the respondent, and the Tribunal required her to prove that her application was made within the required timeframe.

DismissedCourt of Appeal (NSW)·04 Nov 2015

Application for Leave to Appeal Dismissed Due to Lack of Reasonable Cause of Action

DismissedFederal Court of Australia·02 Nov 2015

Federal Court Rejects Application for Costs Incurred in AAT

AllowedNSW Civil and Administrative Tribunal (Occupational Division)·19 Oct 2015

Conditions Imposed on Medical Practitioner's Registration Due to Misconduct

DismissedNSW Civil and Administrative Tribunal (Occupational Division)·06 Oct 2015

Claimant's Licence Applications Rejected for Public Safety Reasons

AllowedNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·03 Sept 2015

NSW Tribunal Orders Release of Medical Records

DismissedFederal Court of Australia·13 Aug 2015

Federal Court dismisses challenge to Family Law fee regulation

Parliamentarians challenged a new regulation increasing fees for family law cases, arguing it was invalid because of previous regulations. However, the Federal Court dismissed their case, ruling that the new regulation was not 'the same in substance' as earlier ones and thus valid.

DismissedCourt of Appeal (NSW)·20 July 2015

Medical Practitioner's Limited Registration Appeal Rejected

DismissedSupreme Court of New South Wales·20 July 2015

Supreme Court Rejects Challenge to Motor Accidents Authority's Assessment

In this case, the plaintiff challenged the Motor Accidents Authority's assessment of causation and delegation. The court dismissed the challenge, ruling that the assessment complied with statutory requirements and guidelines.

DismissedCourt of Appeal (NSW)·17 June 2015

Appeal Dismissed: Solicitor Removed From Roll Due To Professional Misconduct

DismissedNSW Civil and Administrative Tribunal (Administrative and Equal Opportunity Division)·28 Apr 2015

Tax Exemption for Principal Place of Residence Dismissed

DismissedNSW Civil and Administrative Tribunal (Occupational Division)·27 Apr 2015

Application for Re-Registration of Medical Practitioner Dismissed

RefusedNSW Civil and Administrative Tribunal (Guardianship Division)·30 Mar 2015

NSW Civil and Administrative Tribunal Rejects Costs Application

The NSW Civil and Administrative Tribunal denied an application for costs, ruling that there were no special circumstances to warrant an award of costs. The Tribunal considered the statutory framework and guiding principles under the CAT Act and the Guardianship Act.

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