Complete Training Institute Pty Ltd and Australian Skills Quality Authority

This matter concerned an application by Complete Training Institute Pty Ltd (the applicant) for review of the Australian Skills Quality Authority's (the respondent) rejection of its registration as a registered training organisation. The applicant admitted flaws in its original application, and the respondent sought to have the application dismissed on the grounds that it had no reasonable prospect of success.

The Administrative Appeals Tribunal was required to determine whether it had the power to dismiss the applicant's review application and, if so, whether the applicant's case lacked a reasonable prospect of success. The Tribunal considered the discretionary power to dismiss applications, which was introduced by amendments to the Administrative Appeals Tribunal Act 1976 (Cth) in 2015, noting that this power was intended to allow for the early dismissal of unmeritorious matters. The Tribunal also examined the similar summary judgment provisions in section 31A of the Federal Court of Australia Act 1976 (Cth) and the principles articulated in *Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd* [2008] FCAFC 60, which require a critical assessment of the evidence to determine if there is a genuine dispute of material fact.

The Tribunal reasoned that the power to dismiss an application under section 42B of the Administrative Appeals Tribunal Act 1976 (Cth) should not be exercised lightly, as it denies the applicant the opportunity for a full hearing. However, where the dismissal is sought on the basis of no reasonable prospect of success, the Tribunal must be satisfied that it can make necessary findings of fact on the uncontested material before it, or that the applicant cannot succeed as a matter of law, and that any further adduced material would not alter the outcome. The Tribunal concluded that, in this instance, the applicant's prospects of success were so low that a substantive review would be futile.

Consequently, the Tribunal dismissed the application for review without proceeding to a substantive hearing.