Modini v Tax Agents Board of Queensland

[2006] FCA 797

FEDERAL COURT OF AUSTRALIA

Modini v Tax Agents Board of Queensland [2006] FCA 797

DENISE LESLEY MODINI v TAX AGENTS BOARD OF QUEENSLAND

QUD 586 OF 2005

DOWSETT J
3 MARCH 2006
BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY	QUD 586 OF 2005

BETWEEN:	DENISE LESLEY MODINI APPLICANT
AND:	TAX AGENTS BOARD OF QUEENSLAND RESPONDENT

JUDGE:	DOWSETT J
DATE:	3 MARCH 2006
PLACE:	BRISBANE

REASONS FOR JUDGMENT

1. Although the matter before me is in the form of an appeal pursuant to the Administrative Appeals Tribunal Act 1975 (Cth), it purports to rely upon grounds specified in the Administrative Decisions Judicial Review Act 1977 (Cth) (the “ADJR Act”). I have spent a considerable amount of time today seeking to isolate and identify the matters of complaint which the appellant wishes to raise. In the end I am satisfied, and the appellant agrees, that the issues are as follows:

   ·that the Tribunal took into account an irrelevant consideration, namely that some part of the appellant’s experience upon which she relied was unsupervised;

   ·that the Tribunal made an error of law in taking that matter into account; and

   ·that the findings of fact in pars 47, 54 and 81 of the Tribunal’s reasons are either unsupported by the evidence or so unreasonable that no reasonable person could have so concluded.

2. I give leave to amend the notice of appeal accordingly on the basis that the matter is to proceed as both a notice of appeal pursuant to the Administrative Appeals Tribunal Act, and as an application for review pursuant to the Administrative Decisions Judicial Review Act on those grounds. As I understand it, the appellant agrees with that proposed course.

3. The proceedings under both Acts will be remitted to the Federal Magistrates Court for further consideration.  I direct that the record presently available be treated as the record for the purposes of those proceedings.  The costs of proceedings to date will be reserved to the Federal Magistrate.

4. I order that the Administrative Appeals Tribunal be joined as a respondent to these proceedings. 

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett.

Associate:

Dated:            4 July 2006

Counsel for the Applicant:	The applicant appeared in person.
Counsel for the Respondent:	Ms Madeline Brennan
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	3 March 2006
Date of Judgment:	3 March 2006