Mulligan v National Disability Insurance Agency

In the case of Mulligan v National Disability Insurance Agency, the appellant, Mr Mulligan, sought judicial review of a decision made by the Administrative Appeals Tribunal (AAT) that he did not have a substantially reduced functional capacity to undertake activities listed under section 24(1)(c) of the National Disability Insurance Scheme Act 2013 (Cth). The primary legal issues before the court were whether the AAT had properly assessed Mr Mulligan's functional capacity and if it had provided adequate reasons for its decision. Additionally, the court considered the deeming effect of rule 5.8 of the National Disability Insurance Scheme (Becoming a Participant) Rules 2013 (Cth) and whether the AAT's global finding was sufficient.

The court held that the AAT had not performed its statutory task correctly in assessing Mr Mulligan's functional capacity, as it failed to adequately consider the impact of his medical conditions on his ability to perform daily activities. The court also found that the AAT did not provide sufficient reasons for its decision, as it did not disclose the evidence on which its findings were based. Consequently, the court determined that the AAT's decision should be set aside, and the matter should be remitted to the AAT for determination according to law.

The court ordered that the decision of the AAT dated 13 June 2014 be set aside, the matter be remitted to the AAT for determination according to law, and the respondent pay the applicant's costs of and incidental to the appeal.