QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION:
Hall v Queensland Building and Construction Commission [2023] QCATA 108
PARTIES:
ANDREW HALL (applicant/appellant)
v
QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION (respondent)
APPLICATION NO/S:
APL264-22
ORIGINATING APPLICATION NO/S:
GAR455-21
MATTER TYPE:
Appeals
DELIVERED ON:
14 August 2023
HEARING DATE:
On the Papers
HEARD AT:
Brisbane
DECISION OF:
A/Senior Member Fitzpatrick
ORDERS:
1. The application by the respondent seeking leave for legal representation is granted.
2. The application by the applicant seeking orders against Mr Joshua Henderson is refused.
CATCHWORDS:
PROCEDURE – CIVIL PROCEEDINGS IN STATE OR TERRITORY COURTS – PARTIES AND REPRESENTATION – LEGAL REPRESENTATION – GENERALLY – where leave for legal representation sought – where application for leave opposed by other party – whether it was improper for a party’s legal representative to provide submissions before leave to represent was granted - whether interests of justice require leave to be granted.
Acts Interpretation Act 1954 (Qld) s 14A
Queensland Building and Construction Commission Act 1991 (Qld) ss 5, 93A
Queensland Civil and Administrative Tribunal Act 2009 (Qld), ss 28, 43, 100, 102Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue [2009] HCA 41
Chugg v Pacific Dunlop Ltd (1990) 170 CLR 249
Drane v Taylor (No 2) [2022] QCATA 157
Gold Coast Tree Houses Pty Ltd v Lander [2022] QCATA 178
Meiklejohn’s Accountants (Qld) Pty Ltd v Chen [2016] QCATA 1
Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355
Sommers v Bycroft [2020] QCATA 55Western Australian Planning Commission v Dungey [2010] WASC 52
APPEARANCES & REPRESENTATION:
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)
REASONS FOR DECISION
Application for miscellaneous matters filed 7 January 2023 by the Queensland Building and Construction Commission (QBCC) seeking leave for legal representation.
The Queensland Building and Construction Commission (‘QBCC’) is granted leave for legal representation for the following reasons.
Interests of justice
The Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’) sets out the position with respect to legal representation before the Tribunal. Section 43(1) provides that the main purpose of the section is to have parties represent themselves unless the interests of justice require otherwise. Importantly s 43(2) provides that a party may “appear” without representation or may be represented by someone else in certain circumstances, including where leave is given.
Section 43(3) provides a number of discretionary factors to which the Tribunal may have regard when considering whether to give a party leave to be represented in a proceeding. Relevantly, the QBCC is a State agency[1]. That is a factor in support of the grant of leave.
[1]Queensland Building and Construction Commission Act 1991 (Qld) s 5.
Further, the proceeding involves a question of law on which the Appeal Tribunal would be assisted by submissions from a lawyer for the QBCC. The question of law goes to the Tribunal’s jurisdiction to determine a matter concerning the review of an original decision,…
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- Case
- [2023] QCATA 108
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved the procedural requirements for legal representation in civil proceedings and the discretion of the court to allow a party to be represented by counsel before leave was formally granted. The court considered whether the procedural irregularity of the applicant’s counsel providing submissions before leave was granted could be rectified by the court's inherent jurisdiction, and if the interests of justice necessitated granting leave to be represented by counsel.
The court found that, although the applicant’s counsel had provided submissions before leave was granted, this procedural irregularity could be rectified under the court's inherent jurisdiction. The court considered the broader interests of justice and determined that allowing the applicant to be legally represented was in the best interest of ensuring a fair and effective hearing. Consequently, the application by the respondent for leave to be legally represented was granted, and the application by the applicant to make orders against Mr Joshua Henderson was refused.
Orders
Orders of the court
1. The application by the respondent seeking leave for legal representation is granted.
2. The application by the applicant seeking orders against Mr Joshua Henderson is refused.
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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