Clinnick and Australian Securities and Investments Commission (Taxation)

The Administrative Appeals Tribunal (AAT) considered an application by Mr Clinnick to reinstate his review proceedings, which had been dismissed. Alternatively, Mr Clinnick sought an extension of time to lodge a fresh application for review. The Australian Securities and Investments Commission (ASIC) opposed both applications. Deputy President Bernard J McCabe presided over the matter.

The primary legal issues before the Tribunal were whether Mr Clinnick's application for reinstatement under section 42A(1) of the *Administrative Appeals Tribunal Act 1975* (Cth) should be granted, and whether an extension of time under section 29(7) of the same Act should be permitted. Specifically, the Tribunal had to determine if the dismissal of the original application was attended by error, as required for reinstatement under section 42A(10), and if the circumstances warranted an extension of time for a new application.

The Tribunal reasoned that the power to reinstate under section 42A(10) is available where an application has been dismissed in error, and this error can stem from the applicant or their representative, not solely from the Tribunal's administrative actions. Mr Clinnick argued that the dismissal was erroneous due to poor legal advice received from his former solicitor and his own medical and mental health state at the time he instructed the withdrawal of his original application. Evidence was presented, including affidavits detailing his financial and health impacts, and correspondence with his former solicitor that highlighted the solicitor's concerns about the consequences of inaction and the need for a decision regarding withdrawal.

The Tribunal ultimately refused both Mr Clinnick's application for reinstatement and his alternative request for an extension of time to lodge a fresh application for review.