Fekete v Construction Occupations Registrar

In the case of Fekete v Construction Occupations Registrar, the applicant sought a judicial review of decisions made by the Registrar under the Construction Occupations (Licensing) Act 2004 (ACT). The Registrar had issued a rectification order against the applicant, a building surveyor, for alleged breaches of the Act. The applicant argued that the Administrative Appeals Tribunal (AAT) was the appropriate forum for reviewing the Registrar’s decisions, not the Civil and Administrative Tribunal (ACAT), and that the issues raised were of significant importance to the building industry and building surveyors. The applicant further sought a stay of the Registrar’s orders pending the determination of the review application.

The primary legal issue before the court was whether the ACAT was the correct forum to review the decisions of the Registrar and whether the applicant had standing to challenge those decisions. Additionally, the court had to consider the merits of the application for a stay of the Registrar’s orders and the potential impact of the rectification order on the applicant and the broader building industry.

The court found that the ACAT was indeed the appropriate forum for the review of the Registrar’s decisions, as the legislation did not provide for review by the AAT. The court also determined that the applicant had standing to challenge the decisions. Regarding the stay of the orders, the court considered the balance of convenience and the potential harm to the applicant and the industry if the orders were not stayed. The court concluded that a stay was warranted to prevent immediate and significant detriment to the applicant and the industry pending the determination of the review application.

Consequently, the court dismissed the application for judicial review but granted a stay of the Registrar’s orders. The matter was listed for further directions to address the issue of costs and to set a hearing date. The rectification orders remained in effect but were suspended until the court made further determinations.