Avon v Administrative Appeals Court

Case

[1997] SASC 6142

8 May 1997


Details
AGLC Case Decision Date
Avon v Administrative Appeals Court [1997] SASC 6142 [1997] SASC 6142 8 May 1997

CaseChat Overview and Summary

The appeal was brought by David Paul Avon, the father of Jacqueline Anne Avon, against a decision of the Administrative Appeals Court. The father appealed the decision of the Administrative Appeals Court to quash the access provisions contained in the order of the Guardianship Board, which had been appealed by Jacqueline's mother, Anne Marie Avon. The appeal was heard in the Supreme Court of South Australia and allowed, restoring the order of the Guardianship Board. The father had been granted leave to appeal to the Supreme Court, which had jurisdiction under the Guardianship and Administration Act 1993. The Administrative Appeals Court, sitting in its Administrative and Disciplinary Division, was constituted under s66 of the Act and exercised jurisdiction in accordance with s67 of the Act. The Supreme Court exercised jurisdiction under ss70 and 71 of the Act. The appeal was conducted as a review of the decision, direction or order appealed against, on the evidence that had been reviewed by or presented to the Administrative Appeals Court and on such further evidence as may, with the leave of the Supreme Court, be presented to it. The appeal was allowed, and the order of the Guardianship Board was restored.
Details

Areas of Law

  • Family Law

  • Mental Health Law

  • Civil Litigation & Procedure

  • Administrative Law

Legal Concepts

  • Jurisdiction

  • Standing

  • Appeal

  • Judicial Review

  • Mental Incapacity

  • Natural Justice & Procedural Fairness

  • Best Interests of the Child

  • Guardianship

  • Access Orders

  • Separation of Powers

  • Review

  • Expert Evidence

  • Evidence

  • Mental Health Act

  • Guardianship and Administration Act

  • Natural Justice

  • Administrative Law

  • Evidence Law

  • Statutory Interpretation

  • Civil Procedure

  • Evidence Rules

Actions
Download as PDF Download as Word Document


Cases Cited

17

Statutory Material Cited

0

Tomko v Palasty (No 2) [2007] NSWCA 369
Boghossian v Warner [2000] NSWCA 27