Department of Justice and Attorney General v AY (GD)

The Department of Justice and Attorney General filed an appeal against a decision to grant an individual, referred to as AY (GD), leave to appear before the Administrative Appeals Tribunal (AAT) to be represented by a person who was not a legal practitioner. The case was heard in the Federal Circuit Court of Australia. The core issue before the court was whether the tribunal had the authority to permit an individual who was not a legal practitioner to represent another party in proceedings before the tribunal.

The court examined the relevant statutory provisions, specifically sections of the Administrative Decisions (Judicial Review) Act 1977 and the Administrative Decisions Tribunal Act 1997. The court noted that the tribunal had discretion to allow non-lawyers to represent parties in certain circumstances, but this discretion was not unlimited. The court held that the tribunal's decision to permit the representation was flawed as it did not adequately consider the relevant statutory criteria, including the complexity of the matter and the need for legal expertise. The court further held that the tribunal had not provided adequate reasons for its decision, which was a requirement under the Administrative Decisions (Judicial Review) Act 1977.

Consequently, the court allowed the appeal and granted leave for the appeal to extend to the merits. The court also refused the application by Mr Johnston to represent AY (GD) before the tribunal, finding that his application did not meet the necessary criteria. The orders made by the court reflect the decision to allow the appeal, grant leave to appeal to the merits, and refuse the application for Mr Johnston to represent AY (GD).