Administrative Law – firearms – firearms prohibition order – whether person ‘not fit, in the public interest’ –association with an outlaw motorcycle gang.
Dr Mantziaris represented the Respondent.
Reasons for the decision can be found here.
Al-Huda Pty Limited v Secretary, Department of Education, Skills and Employment [2020] FCA 1613
ADMINISTRATIVE LAW – appeal on a question of law from decision of Administrative Appeals Tribunal to cancel applicant’s status as approved provider of child care services under s 195H(1) of A New Tax System (Family Assistance) Administration Act 1999 (Cth) – whether Tribunal erred in finding for the purposes of s 52(3)(d) and (4)(b)(ii) of the Child Care Subsidy Minister’s Rules 2017 (Cth) that applicant’s non-compliance involved reckless giving of inaccurate, false or misleading information or indicated a deliberate or reckless disregard for obligation to comply with regulatory condition – whether Tribunal erred in failing to explain its understanding of what “reckless” meant when finding applicant reckless – where consideration of whether applicant reckless was mandatory relevant consideration – failure to correctly consider mandatory relevant consideration was a material jurisdictional error – appeal allowed.
Jennifer Mee represented the Applicant.
Reasons for the decision can be found here.
Nursing and Midwifery Board of Australia v Linquist [2019] NSWSC 978
ADMINISTRATIVE LAW – appeal from Civil and Administrative Tribunal – whether decision made by validly constituted tribunal – four-member tribunal was constituted for the purposes of the hearing – whether principal member could separately and simultaneously constitute herself as the tribunal to decide legal questions – single member of a multi-person tribunal which has already been constituted not authorised to constitute himself or herself as the tribunal on unstated informal basis or to make a decision unilaterally without recourse to the balance of the tribunal – decision void.
COSTS – whether successful plaintiff ought pay defendant’s costs of proceedings – defendant invited to file submitting appearance – defendant not neutral contradictor – costs follow the event.
COSTS – suitors’ fund – application for suitors’ fund certificate – appropriate to grant certificate where defendant did not contribute to error made by tribunal.
Kirralee Young represented the plaintiff.
The reasons for the decision can be found here.
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.