Tolsher v Acting Assistant Commissioner Stephen Hollands

David Tolsher sought judicial review of a decision by Acting Assistant Commissioner Stephen Hollands finding his conduct amounted to misconduct. This resulted in the revocation of a suspended sanction. Tolsher argued the consequences of the finding should be considered in categorising the conduct. The court examined the legal issues around whether the conduct was misconduct and if the consequences of the finding should be considered. The court found the argument regarding consequences was rejected as there were exceptional circumstances. The court concluded the conduct was not misconduct and set aside the decision, returning the matter to the decision maker for reconsideration. The court granted Tolsher an extension of time to file the review application.