Queensland Racing Limited v McMahon

The case of Queensland Racing Limited v McMahon was heard in the Queensland Civil and Administrative Tribunal (QCAT). The dispute involved a decision made by the stewards of a race meeting regarding the conduct of a rider, Mr McMahon. Queensland Racing Limited (QRL) sought a review of the stewards' decision under section 20 of the Queensland Civil and Administrative Tribunal Act 2009. The central issue before the tribunal was whether the review afforded by section 20 of the QCAT Act was limited to determining whether the stewards could have held the opinion that Mr McMahon rode improperly, or if QCAT could engage in a full merits review.

The court had to determine whether the phrase "in the opinion of the Stewards" in Rule 137 of the Australian Rules of Racing restricted QCAT’s jurisdiction to review the stewards' decision. The court examined whether this phrase confined QCAT to a constrained review of the decision-making process, or whether it permitted a broader review of the merits of the decision. The tribunal considered whether the phrase indicated a subjective view held by the stewards or if it referred to an objective assessment of the facts and application of the rules. The outcome hinged on whether the phrase was intended to limit the scope of judicial review available to QCAT.

The tribunal concluded that the phrase "in the opinion of the Stewards" did not restrict QCAT's jurisdiction to a limited review of the decision-making process. Instead, the tribunal found that the phrase allowed for a full merits review. The tribunal reasoned that the phrase was not intended to confine the scope of review but rather to indicate the source of the decision, i.e., the stewards. The tribunal emphasised that the phrase did not preclude QCAT from reviewing the application of the rules and the evidence on which the stewards based their decision. Therefore, QCAT had the jurisdiction to conduct a full merits review of the stewards' decision. The tribunal granted QRL’s application for review and directed that a full merits review be undertaken.