QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
| CITATION: | FRANCIS V COMMISSIONER OF STATE REVENUE [2023] QCAT 464 | ||||||
| PARTIES: | MEGAN ALECIA FRANCIS | ||||||
| (applicant) | |||||||
| v | |||||||
| COMMISSIONER OF STATE REVENUE | |||||||
| (respondent) | |||||||
| APPLICATION NO: | GAR047-22 | ||||||
| MATTER TYPE: | General administrative review matters | ||||||
| DELIVERED ON: | 24 November 2023 | ||||||
| HEARING DATE: | 29 March 2023 | ||||||
| HEARD AT: | Brisbane | ||||||
| DECISION OF: | Member Scott-Mackenzie | ||||||
| ORDERS: | 1. The decision of the respondent made 8 December 2021 to confirm the decision of the respondent made 19 July 2021 to refuse an application by the applicant made 18 December 2020 for a first home owner grant is confirmed. 2. There be no order in relation to costs. | ||||||
| CATCHWORDS: | ADMINISTRATIVE LAW – ADMINISTRATIVE TRIBUNALS – QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL – where application made for a first home owner grant – where the respondent refused to authorise payment of the grant – whether new evidence should be allowed – whether new ground should be allowed – whether the parties to the building contract dealt with each other at arm’s length – whether contract forms part of a scheme to circumvent limitations on, or requirements affecting, eligibility or entitlement to the grant for an eligible transaction – whether transaction is an eligible transaction – whether the contract is a comprehensive home building contract Administrative Direction Australian Government Homebuilding Grant – Queensland Corporations Act 2001 (Cth), s 210 First Home Owner Grant and Other Home Owner Grants Act 2000 (Qld), s 5, s 16, s 25Q, s 60 Human Rights Act 2019, s 24 Queensland Building and Construction Act 1991 (Qld), s 42B, s 43, s 67, s 99, schedule 2 Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 21, s 139 Alexander v Commissioner of State Revenue [2023] QCAT 409 Australian Securities and Investments Commission v AustralianInvestors Forum Pty Ltd & Ors [2005] NSWSC 267 | ||||||
| |||||||
REASONS FOR DECISION
Introduction
[1]The applicant has made application to the Tribunal for review of a decision of the…
Continue reading Francis v Commissioner of State Revenue
Sign in free to access the full text
- AGLC
- Francis v Commissioner of State Revenue [2023] QCAT 464
- Case
- [2023] QCAT 464
- Decision Date
CaseChat Overview and Summary
The central legal issues before the tribunal included whether new evidence could be allowed in the review, whether a new ground for the application could be introduced, whether the parties to the building contract dealt with each other at arm's length, and whether the contract was part of a scheme to circumvent eligibility requirements for the grant. Additionally, the tribunal had to determine whether the transaction in question was an eligible transaction and whether the contract was a comprehensive home building contract under the Administrative Direction Australian Government Homebuilding Grant – Queensland.
The tribunal considered the evidence and submissions from both parties and concluded that the respondent's decision to refuse the grant was correct. The tribunal found that the applicant failed to provide evidence to establish that the parties to the building contract dealt with each other at arm's length. Furthermore, the tribunal held that the contract was part of a scheme to circumvent the eligibility requirements for the grant. The tribunal also found that the transaction was not an eligible transaction and that the contract did not constitute a comprehensive home building contract.
Accordingly, the tribunal confirmed the respondent's decision to refuse the grant and made no order in relation to costs. The tribunal upheld the respondent's decision, finding that the applicant was not entitled to the grant under the applicable legislation.
Orders
Orders of the court
1. The decision of the respondent made 8 December 2021 to confirm the decision of the respondent made 19 July 2021 to refuse an application by the applicant made 18 December 2020 for a first home owner grant is confirmed.
2. There be no order in relation to costs.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.