Active Sports Management Pty Ltd and Industry Innovation and Science Australia

This matter concerned an interlocutory application by Active Sports Management Pty Ltd (the applicant) to reinstate an application for review that had been dismissed by the Administrative Appeals Tribunal (the Tribunal) pursuant to subsection 42A(5) of the *Administrative Appeals Tribunal Act 1975* (Cth). The respondent was Industry Innovation and Science Australia.

The primary legal issue before the Tribunal was whether the dismissed application could be reinstated under subsection 42A(10) of the *Administrative Appeals Tribunal Act 1975* (Cth), which permits reinstatement if the dismissal was made in error. The Tribunal was required to consider the scope of "error" in this context and whether the circumstances of the dismissal warranted its reinstatement.

The Tribunal, applying the principles discussed in *Goldie v Minister for Immigration and Multicultural and Indigenous Affairs* (2002) 72 ALD 652, adopted a broad interpretation of "error" to include any error in the exercise of the Tribunal's summary dismissal jurisdiction. While acknowledging the applicant had consented to directions that led to dismissal and had experienced delays due to financial constraints, the Tribunal found that the applicant had otherwise progressed the matter with diligence, obtaining expert evidence and preparing submissions. Crucially, the Tribunal determined that the non-compliance related to objections to evidence and submissions, which were not strictly necessary for the hearing. The Tribunal also noted it had failed to offer the applicant an opportunity to provide submissions prior to dismissal. These factors, considered on the Tribunal's own initiative, were found to constitute sufficient error to enliven subsection 42A(10).

Consequently, the Tribunal granted the applicant's application for reinstatement.