Queensland College of Teachers v Amundsen

[2010] QCAT 591

CITATION:		Queensland College of Teachers v Amundsen [2010] QCAT 591
PARTIES:	Queensland College of Teachers
v
Mr John Howard Amundsen

APPLICATION NUMBER:   OCR011-09  

MATTER TYPE: Occupational regulation matters

HEARING DATE:     Decision on the papers

HEARD AT:  Brisbane

DECISION OF: Peta Stilgoe

DELIVERED ON: 23 November 2010

DELIVERED AT:      Brisbane

ORDERS MADE: The respondent’s application for an adjournment of the proceedings is refused.

CATCHWORDS :  ADJOURNMENT – interests of justice – where respondent claims appeal lodged with Court of Appeal – where no evidence of lodgement of appeal provided

APPEARANCES and REPRESENTATION (if any):

This matter was heard on the papers in accordance with section 32 of the

Queensland Civil and Administrative Tribunal Act 2009

REASONS FOR DECISION

1. Mr Amundsen has applied for an adjournment of these proceedings on the ground that he is appealing certain convictions to the Court of Appeal and the outcome of that appeal will affect the tribunal’s deliberations.

2. The proceeding has already been adjourned from April 2010. The matter of an appeal to the Court of Appeal was first raised before the tribunal in January 2010. Senior Member Booth ordered that Mr Amundsen had liberty to make a further application for an adjournment provided such application include current evidence of any appeal or reopening proceedings.

3. Senior Member Booth made a further order on 30 August 2010, directing Mr Amundsen file any further submissions by 11 October 2010.

4. Mr Amundsen has filed a great deal of material. Unfortunately, he has not filed any evidence that he has actually commenced an appeal to the Court of Appeal.

5. This proceeding was commenced by application dated 16 September 2009. The tribunal has a mandate to ensure proceedings are conducted in a way that is as quick as is consistent with achieving justice: s4 Queensland Civil and Administrative Tribunal Act2009. The matters giving rise to the College’s referral occurred in 2006. All parties involved are entitled to certainty and finality.

6. By failing to provide evidence of his appeal, Mr Amundsen has not demonstrated that he would suffer any injustice by the matter proceeding to a hearing. The application for adjournment should be refused.