Ariss v Building Practitioners Board

The plaintiff, Mr Ariss, sought a review of a decision by the Building Practitioners Board, which had declined to proceed with an inquiry into his conduct. The Board had suspended Mr Ariss's registration as a building practitioner, initiating the dispute. The Federal Court of Australia heard the case and was tasked with determining whether the Board had the jurisdiction to conduct an inquiry into Mr Ariss's conduct after his registration had been suspended.

The primary legal issue the court needed to address was whether the Board had jurisdiction to proceed with an inquiry under the Building Act 1993, sections 175, 177, 178, 179 and 179A, and the Building (Amendment) Act 2001. The court had to consider whether the suspension of Mr Ariss's registration affected the Board's ability to conduct the inquiry and if the Board's decision to decline the inquiry was lawful.

The court concluded that the Board did not have jurisdiction to conduct the inquiry because Mr Ariss's registration had been suspended. The court found that the suspension of a practitioner's registration under the Building Act 1993 meant that the Board could not proceed with an inquiry into the practitioner's conduct. The court also held that the Board's decision to decline the inquiry was not unlawful. Consequently, the court dismissed the application for judicial review.

The court ordered that the application for judicial review be dismissed with costs.