Modini v Tax Agents Board of Queensland Summary

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

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.
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.
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.
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

CaseChat Overview and Summary

Denise Lesley Modini sought to challenge the decision of the Tax Agents Board of Queensland, which was made under the Tax Agents Act 2003 (Cth), in the Federal Court of Australia. The case was initiated as an appeal under the Administrative Appeals Tribunal Act 1975 (Cth) but was amended to include a review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act). The applicant contended that the Administrative Appeals Tribunal had erred in considering certain aspects of her experience as irrelevant, specifically that some of her experience was unsupervised. The applicant also argued that the Tribunal had made an error of law in this regard and that certain factual findings were unsupported by evidence or unreasonable. The court granted leave to amend the notice of appeal to proceed under both Acts and remitted the matter back to the Federal Magistrates Court for further consideration.

The court had to decide whether the Administrative Appeals Tribunal had erred in considering the nature of the applicant's experience as irrelevant, whether this constituted an error of law, and if the findings in question were supported by the evidence or reasonable. The court found that the issues raised by the applicant were correctly framed and allowed the amendment to the notice of appeal to proceed under both the Administrative Appeals Tribunal Act and the ADJR Act. The court noted that the matter would be remitted to the Federal Magistrates Court for further examination and that the record available would be used for these proceedings. The costs of the proceedings to date were reserved for the Federal Magistrate.

The Federal Court of Australia directed that the proceedings be remitted to the Federal Magistrates Court for further consideration under both the Administrative Appeals Tribunal Act and the ADJR Act. The court ordered that the Administrative Appeals Tribunal be joined as a respondent and that the costs of the proceedings to date be reserved to the Federal Magistrate. This decision ensures that the merits of the applicant's appeal are properly reviewed, with all relevant legal grounds being examined by the appropriate court.

Modini v Tax Agents Board of Queensland

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

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

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