Al-Huda Pty Limited and Secretary, Department of Education, Skills and Employment

In this matter before the Administrative Appeals Tribunal, Al-Huda Pty Limited (the Applicant) sought an adjournment of a hearing against the Secretary, Department of Education, Skills and Employment (the Respondent). The dispute concerned actions taken by the SRA on or after 20 April 2021, with the Applicant asserting the Respondent may have been privy to these actions, though no evidence was presented to support this.

The primary legal issue before the Tribunal was whether to grant the Respondent's request for an adjournment of the hearing. This request was based on the discovery of new evidence, detailed in the Respondent's email of 30 April 2021, which required proper consideration by both parties. The Tribunal was required to balance the need for a fair hearing with the efficient conduct of proceedings.

The Tribunal, presided over by Deputy President John Pascoe AC CVO, reasoned that its overriding obligation was to ensure proceedings were conducted fairly and in accordance with the law. Given the emergence of new evidence requiring consideration within a reasonable timeframe, the Tribunal was satisfied that an adjournment was the correct and preferable decision. The Tribunal ordered that the hearing listed for 5-7 May 2021 be vacated and relisted for 19-21 July 2021, with specific directions for the filing of further evidence and amended statements by both parties.