Administrative Law

Allen v TriCare (Hastings) Ltd [2017] NSWCATAP 25

In the NSW Civil and Administrative Tribunal Appeal Panel  -

COSTS – whether amount claimed or in dispute in proceedings more than $30,000 – whether there are any “special circumstances” to warrant an award of costs – amount claimed or in dispute not more than $30,000 – no special circumstances – costs not awarded

Michelle McMahon appeared for Tenants’ Union New South Wales.

Turner v Justice & Forensic Mental Health Network [2016] NSWCATAD 265

ADMINISTRATIVE LAW – access to government information – access application – reasonableness of searches - excluded information -  Government Information (Public Access) Act 2009

Lisa Doust appeared for the Justice & Forensic Mental Health Network

The Sharemarket College Pty Ltd & 2 Ors v ASIC [2016] AATA

FINANCIAL SERVICES – application to stay decision of ASIC – decision cancelled first applicant’s financial services license – applicant also operates Registered Training Organisation licensed by ASQA - utility of granting stay - prospects of success – public interest – consequences on application for review

FINANCIAL SERVICES – application to stay decision of ASIC – banning orders against second and third applicants who were responsible managers of financial service licensee – utility of granting stay - prospects of success – public interest – consequences on application for review

Dominique Hogan-Doran SC and Steven Cominos appeared for the applicants.

AMZ15 v Minister for Immigration and Border Protection [2016] FCA 1195

MIGRATION ― appeal from decision of the Federal Circuit Court ― whether primary judge erred in failing to find that Refugee Review Tribunal did not comply with s 425(1) of theMigration Act 1958 (Cth) ― whether Tribunal gave appellant opportunity to give evidence and present arguments relating to the issues arising in relation to the decision under review

ADMINISTRATIVE LAW ― illogicality or irrationality ― whether primary judge erred in failing to find that Tribunal’s decision illogical or irrational

ADMINISTRATIVE LAW ― unreasonableness ― whether primary judge gave inadequate consideration to whether Tribunal’s decision legally unreasonable

Stephen Tully appeared for the appellant

Allen v TriCare (Hastings) Ltd [2016] NSWCATAP 216

RESIDENTIAL PARKS – Residential Parks Act – whether object in s 130A(1) operates as a jurisdictional fact – object in s 130A(1) does not establish a jurisdictional fact or the fact was satisfied in this case

RESIDENTIAL PARKS – Residential Parks Act – whether the Tribunal may make a possession order under s 113(3A)(b) in circumstances where the resident does not agree to the sale of the dwelling – Tribunal may make an order for possession where resident does not agree

RESIDENTIAL PARKS – Residential Parks Act – whether valuation under s 130A includes rights attached to site agreement – valuation is limited to the dwelling only

RESIDENTIAL LAND LEASE COMMUNITIES – Residential (Land Lease) Communities Act 2013 – operation of transitional provisions

EVIDENCE – expert evidence – approach to expert evidence when not bound by rules of evidence – expert evidence must provide a satisfactory basis for Tribunal’s findings – question of acceptability of expert evidence in Tribunal one of weight not admissibility

Michelle McMahon appeared for the appellants

Commonwealth of Australia (As Represented By The Department Of Infrastructure And Regional Development) v Phuong Mai Greenfield Pty Ltd [2016] FCCA 2228

ADMINISTRATIVE LAW – Commonwealth tenancy dispute – licence agreement – original deed of licence expired – respondent notified of termination – whether the deed of licence was void due to economic duress or a false understanding of the agreement upon signing – whether representations made by the applicant give rise to personal equities of the family of the director of the respondent. 

CONSTITUTIONAL LAW – Jurisdiction of the Federal Circuit Court of Australia – judicial power – acquisition of property other than on just terms – whether legislative instrument was unlawful.

David Rayment appeared for the Commonwealth 

Wade v Commissioner for Fair Trading [2016] NSWCATAD 149

LICENSING – occupational licensing - refusal of operator licence application, cancellation of tattooist licence - fit and proper person - public interest ­ ­-  adverse security determination

Dr Mantziaris appeared for the Commissioner of Fair Trading and the Commissioner of Police, NSW Police Force.

Australian Industry Group v Road Safety and Remuneration Tribunal [2016] FCA

INJUNCTION - decision of Road Safety and Remuneration Tribunal - introduction of new minimum pay rates for for long-distance drivers and those involved in the distribution of goods destined for sale or hire by supermarket chains

Dr Christopher Ward SC and Dr James Stellios appeared for the Commonwealth Minister for Employment, the Hon. Michaelia Cash MP in these proceedings concerning the decision of the Road Safety and Remuneration Tribunal.

AFR Report

The Australian report

Stiles v Commissioner for Fair Trading & Commissioner of Police, NSW Police Force [2016] NSWCATAD 30

ADMINISTRATIVE LAW - Tattoo Parlours Act 2012 (NSW) - Applicant for operator's license found to be "fit and proper" person - licence refused for "public interest" grounds

Dr Christos Mantziaris appeared for Commissioner for Fair Trading & Commissioner of Police

CGG15 v Minister for Immigration & Anor [2016] FCCA 219

MIGRATION – Subclass 050 bridging visa – cancellation of bridging visa – applicant charged with serious criminal offences – Ministerial Direction No.63 – whether the Tribunal failed to consider or comply with Direction – whether Tribunal’s decision was based on a finding of fact for which there was no evidence – Tribunal failed to consider all of the circumstances in which the ground for cancellation arose – jurisdictional error – writs issued.

Dr Stephen Tully appeared for the successful applicant.