Registrar of Motor Vehicles v Lawson

The appeal concerned the Registrar of Motor Vehicles and Mr Lawson. The dispute centred on whether the appointment of an authorised examiner by the Registrar was a reviewable decision under the relevant South Australian legislation. The matter was heard by the Full Court of the Supreme Court of South Australia, comprising Kourakis CJ, Stanley and Nicholson JJ.

The primary legal issue before the Court was whether the appointment of an authorised examiner, purportedly made under section 79A of the Motor Vehicles Act, constituted a "decision" reviewable under sections 98Z and 98ZA of that Act. This required the Court to consider the nature of a "decision" for the purposes of judicial review, particularly in the context of administrative law principles.

The Court's reasoning, drawing on principles established in *Australian Broadcasting Tribunal v Bond*, emphasised that a reviewable decision must generally be a substantive determination that is final or operative in a practical sense. A conclusion reached as a step in a broader reasoning process, or a procedural determination that does not resolve a substantive issue, would not typically qualify as a reviewable decision. The Court distinguished between a "decision" and "conduct" for the purposes of judicial review, noting that procedural matters, such as the refusal of an adjournment, are more appropriately addressed as conduct rather than reviewable decisions. The Court found that the appointment of an authorised examiner, in this context, was not a substantive determination that resolved a practical issue, but rather an intermediate step.