ACT CIVIL & ADMINISTRATIVE TRIBUNAL
GP v MACKENZIE & ORS (Appeal) [2018] ACAT 96
AA 26/2018
AA 33/2018
AA 27/2018
Catchwords: APPEAL – considerations in dealing with an appeal from the decision of the Original Tribunal hearing an interim application – whether decision is interim or final – whether appeal lays from interim decision – suppression, private hearing, non-publication orders sought – open justice – whether incorrect principle was applied – whether weight was given to irrelevant matters or whether insufficient weight was given to relevant matters by the original decision maker
Legislation cited: ACT Civil and Administrative Tribunal Act 2008 ss 6, 7, 39, 63, 77, 78, 79, 82
Civil Law (Wrongs) Act 2002 s 133
Human Rights Act 2004 s 12
Legal Profession Act 2006, s 425
Legislation Act 2001 s 146
Limitation Act 1985 s 33
Queensland Civil and Administrative Tribunal Act 2009 sch 3
Supreme Court Act 1933 s 37E
SA Civil and Administrative Tribunal Act 2013 s 3
Victorian Civil and Administrative Tribunal Act 1998 s 3
Subordinate
Legislation cited: ACT Civil and Administrative Tribunal Procedure Rules 2009 (No 2) r 21
Cases cited:Australian Coal & Shale Employees Federation v Commonwealth (1953) 94 CLR 621
Carr v Finance Corporation of Australia Ltd (1981) 147 CLR 246
Chakravarty v Commissioner for ACT Revenue [2013] ACAT 11
Commissioner of the Australian Federal Police v Zhao (2015) 316 ALR 378
Construction, Forestry, Mining and Energy Union v Australian
Competition and Consumer Commission [2016] FCAFC 97
Director of Consumer Affairs Victoria v Alpha Flight Services Pty Ltd [2015] FCAFC 118
Director General of Social Services v Chaney (1980) 47 FLR 80Guisida Pty Limited v Commissioner for ACT Revenue [2016] ACTSC 275
Guisida Pty Limited v Commissioner for ACT Revenue (No 2) [2018] ACTSC 178Hall v Nominal Defendant (1966) 117 CLR 423
Hussain v Farhmand [2017] ACAT 107
Mansour v Dangar [2017] ACAT 49
Markarian v The Queen (2005) 228 CLR 357
The Legal Practitioner v Council of the Law Society of the Australian Capital Territory [2010] ACAT 19
List of
Texts/Papers cited: Shane Budden, ‘Balancing public and private interests in the exercise of judicial discretion.’ Queensland Law Society 24 August 2016
Jason Bosland and Ashleigh Bagnall, ‘An Empirical Analysis of Suppression Orders in the Victorian Courts: 2008 – 12’ (2013) 35 Sydney Law Review 674
Tribunal: Presidential Member E Symons
Date of Orders: 12 October 2018
Date of Reasons for Decision: 12 October 2018
AUSTRALIAN CAPITAL TERRITORY )
CIVIL & ADMINISTRATIVE TRIBUNAL ) AA 26/2018
AA 27/2018
AA 33/2018
BETWEEN: GP
Appellant
AND:
JOHN MACKENZIE
CAROL SHERMAN
JOHN DIMITRIOU
LIAM HAMBRIDGE
DANIEL LESKOVEC
Respondents
TRIBUNAL:Presidential Member E Symons
DATE:12 October 2018
ORDER
The Tribunal orders that:
1.Pursuant to rule 21(c) of the ACT Civil and Administrative Tribunal Procedure Rules 2009 (No. 2) GP is granted leave to rely on the additional evidence she set out in her application for appeal AA 26/2018 and in her application for appeal in AA 27/2018.
2.The applications for…
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- AGLC
- GP v McKenzie and Ors [2018] ACAT 96
- Case
- [2018] ACAT 96
- Decision Date
CaseChat Overview and Summary
The central legal issues that the tribunal had to address were whether GP was entitled to rely on additional evidence submitted during the appeals process, and whether the decisions made by the respondents were justified. Specifically, the tribunal examined whether GP's appeals had merit and if the decisions concerning her pension and disability support payments were legally sound. The tribunal also had to consider whether the orders made in XD 233/2018 on 14 March 2018 should be amended or continued.
The tribunal concluded that GP was granted leave to rely on additional evidence in her appeals, but found that the appeals themselves were without merit. The tribunal upheld the decisions made by the respondents and confirmed the earlier decisions in XD233/2018 and XD753/2018. Additionally, the tribunal amended the orders in XD 233/2018 by noting that Order 1 would remain in effect until further notice. The tribunal dismissed the appeals and confirmed the decisions of the respondents.
Orders
Orders of the court
The Tribunal orders that:
1. Pursuant to rule 21(c) of the ACT Civil and Administrative Tribunal Procedure Rules 2009 (No. 2) GP is granted leave to rely on the additional evidence she set out in her application for appeal AA 26/2018 and in her application for appeal in AA 27/2018.
2. The applications for appeal in AA 26/2018, AA 27/2018 and AA 33/2018 are dismissed.
3. The decisions in XD233/2018 dated 21 June 2018 and 25 July 2018 and the decision in XD753/2018 dated 21 June 2018 are confirmed.
4. Pursuant to section 63 of the ACT Civil and Administrative Tribunal Act 2008 the tribunal orders in XD 233/2018 on 21 June 2018 are amended by adding the following Notation:
The Tribunal notes that:
Order 1 in XD 233/2018 dated 14 March 2018 is continued until further order.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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