David Nolan v Executive Director, Land Management Policy,Department of Environment and Primary Industries

David Nolan sought judicial review of a decision by the Executive Director of Land Management Policy of the Department of Environment and Primary Industries, who removed him from his position as a member of the Committee of Management of the Port Phillip Heads Marine National Park. The Committee was established under the Crown Land (Reserves) Act 1978. The Executive Director removed Mr Nolan from his position for breaches of the Victorian Public Entity Directors’ Code of Conduct 2006. The removal occurred because Mr Nolan was found to have failed to exercise his office with due care and diligence. At the time of the trial, Mr Nolan's term on the Committee had expired. Mr Nolan argued that the Executive Director's decision was affected by an error of law and sought a declaration that the decision was unlawful.

The court had to determine whether the Executive Director's decision was affected by an error of law and whether Mr Nolan was entitled to declaratory relief. The court considered the arguments regarding the error of law and the availability of declaratory relief. It found that the decision was not affected by an error of law and that Mr Nolan was not entitled to declaratory relief as his term on the Committee had expired by the time of the trial.

The court dismissed the appeal, finding that the decision was not affected by an error of law and that Mr Nolan was not entitled to declaratory relief. The court found that the Executive Director's decision to remove Mr Nolan from his position on the Committee was lawful and that the decision was not affected by an error of law. The court also found that Mr Nolan was not entitled to declaratory relief as his term on the Committee had expired by the time of the trial.

No orders were made as the appeal was dismissed.