Category Archives: Courts and Tribunals

Administrative Law, Appeals, Courts and Tribunals, LAW FIRM

Administrative Appeals Tribunal

August 2, 2014 Legal Helpdesk Lawyers

The Administrative Appeals Tribunal (AAT) http://www.aat.gov.au/ hears appeals of administrative decisions of Australian Government ministers, departments, agencies and tribunals. A decision may only be reviewed if a specific piece of legislation grants the AAT the power to review the decision.

The AAT began on 1 July 1976 under the Administrative Appeals Tribunal Act 1975 (Cth).

The AAT is authorized to review decisions in over 400 pieces of legislation covering areas such as social security, family assistance, veterans affairs, workers compensation, child support, bankruptcy, civil aviation, citizenship, immigration, corporations, financial services, customs, industry assistance, freedom of information, mutual recognition of occupations, security assessments and passports.

The AAT has five divisions: General Administrative, National Disability Insurance Scheme, Security Appeals, Taxation Appeals and Veterans’ Appeals Divisions

Appeals involve a merits review. The AAT reconsiders the facts, law and policy relating to the administrative decision on appeal and then makes it’s own decision by affirming, setting aside or varying the decision or remitting the matter back to the administrative decision maker. The tribunal is not bound by the laws of evidence and can inform itself in any manner that it considers appropriate. However, it is required to preform its functions in accordance with the law and is bound by the principles of natural justice and procedural fairness.

AAT decisions may be appealed in the Federal Court of Australia.

The AAT has registries all across Australia. The Sydney Registry is located at level 7, 55 Market Street, Sydney NSW 2000.

Sydney, Australia

1300 00 2088

Courts and Tribunals, Judges

Justice Blanch retirement

July 28, 2014 Legal Helpdesk Lawyers

The Chief Judge of the District Court of NSW, Justice R O Blanch AM, is to retire.

A retirement ceremony is to be held at 9.30am on 7 August 2014 in the Banco Court, Queens Square, Sydney.

Sydney, Australia

1300 00 2088

Courts and Tribunals

Federal Circuit Court of Australia

July 27, 2014 Legal Helpdesk Lawyers

The Federal Circuit Court of Australia http://www.federalcircuitcourt.gov.au/ first sat in 2000 as the Federal Magistrates Court of Australia and in 2012 was re-named the Federal Circuit Court of Australia.

The court exercises federal jurisdiction under the Australian Constitution, sharing the jurisdictions of the Federal Court and Family Court of Australia. The court hears federal matters such as administrative law, admiralty law, banking law, child support, copyright, family law, human rights, industrial law, privacy, and trade practices.

The court aims to offer a simpler and more convenient alternative to the Federal Court and the Family Court.

The court is presided over by a Chief Judge (currently Chief Judge John Pascoe AO CVO) and a number of Judges.

The court sits in the locations of the other federal courts. The main locations are in Melbourne, Dandenong, Sydney, Adelaide, Brisbane, Cairns, Darwin, Launceston, Hobart, Newcastle, Perth and Townsville. The court also conducts sittings in other metropolitan and regional areas.

The Sydney registry is located at the Federal Court registry, Law Courts Building, Level 17, Queens Square, Sydney NSW 2000, tel (02) 9230 8567. In Sydney the court sits at either John Maddison Tower, Level 6, 88 Goulburn Street, Sydney NSW 2000 or TTG Building, Levels 10 and 12, 80 William Street, Sydney NSW 2000.

Sydney, Australia

1300 00 2088

Courts and Tribunals

High Court of Australia

July 26, 2014 Legal Helpdesk Lawyers

The High Court of Australia http://www.hcourt.gov.au/ is the highest court in Australia.

The High Court was established by the Constitution on 1 January 1901 and first sat in Melbourne in 1903.

The Court hears three types of cases:

Original matters specified in the Constitution including disputes between the States and/or the Commonwealth, interpretation of the Constitution and interpretation of Commonwealth laws.
Appeals from single justices of the High Court.
Appeals from the State and Territory Supreme Courts, Federal Court of Australia and Family Court of Australia.

There is no automatic right to an appeal. A party wanting to appeal must make an application for special leave. In determining an application for special leave, the court may have regard to any relevant matters but shall have specific regard to:

questions of law either of public importance or subject to differences of opinion between the state courts and
whether it is in the interests of the administration of justice, generally or in the particular case.

Decisions of the court are binding on all other courts in Australia. The court is not bound by it’s earlier decisions.

The High Court is constituted by seven justices, including a Chief Justice. The current court consists of:

Chief Justice French AC.
Justice Hayne AC.
Justice Crennan AC.
Justice Kiefel AC.
Justice Bell AC.
Justice Gageler.
Justice Keane.

Since 1980, the High Court’s principal registry has been in Canberra at Parkes Place, Parkes, ACT 2600, tel (02) 6270 6857.

There are registry offices in all capital cities. The Sydney registry is at Level 23, Law Courts Building, Queens Square, Sydney NSW 2000, tel (02) 9230 8369.

1300 00 2088

Administrative Law, Commercial Law, Consumer Law, Courts and Tribunals, Disability Law, Discrimination Law, Elder Law, Ethics, Guardianship, Human Rights, Licensing, Professional conduct

NSW Civil and Administrative Tribunal

July 24, 2014 Legal Helpdesk Lawyers

The NSW Civil and Administrative Tribunal (NCAT)http://www.ncat.nsw.gov.au/ncat/index.html commenced on 1 January 2014 pursuant to the NSW Civil and Administrative Act 2013 and Civil and Administrative Regulation 2013.

The NCAT takes over the functions of 22 former state tribunals, including:

Aboriginal and Torres Strait Islander Health Practice Tribunal
Aboriginal Land Councils Pecuniary Interest and Disciplinary Tribunal
Administrative Decisions Tribunal
Charity Referees
Consumer, Trader and Tenancy Tribunal
Dental Tribunal
Guardianship Tribunal
Chinese Medicine Tribunal
Chiropractic Tribunal
Medical Radiation Practice Tribunal
Medical Tribunal
Nursing and Midwifery Tribunal
Occupational Therapy Tribunal
Optometry Tribunal
Osteopathy Tribunal
Pharmacy Tribunal
Physiotherapy Tribunal
Podiatry Tribunal
Psychology Tribunal
Local Government Pecuniary Interest and Disciplinary Tribunal
Local Land Boards
Victims Compensation Tribunal (transferred into the ADT in June 2013)
Vocational Training Appeals Panel.

The NCAT is constituted by a President (a Supreme Court judge), Deputy Presidents of each of the four divisions, a Principal Registrars and Members including Principal Member, Senior Members and General Members.

The NCAT has four divisions:

Administrative and Equal Opportunity, which deals with review of administrative decisions of government agencies and resolution of discrimination matters.
Consumer and Commercial, which deals with a broad number of disputes about the supply of goods and services, including agent commissions and fees; agricultural tenancies; boarding houses; consumer claims; conveyancing costs; dividing fences; holiday parks (long-term occupancy); home building; motor vehicles; pawnbrokers and second-hand dealers; residential parks; retail leases; retirement villages; social housing; strata and community schemes; tenancy; travel compensation fund appeals.
Guardianship, which has jurisdiction over people who live in NSW or hold property or financial assets in NSW: to make guardianship orders for the appointment of a private or public guardian; make financial orders for a private or public financial manager; provide consent for medical or dental treatment; review enduring powers of attorney; review an enduring guardianship appointment; approve a clinical trial involving people with decision-making disabilities.
Occupational, including: administrative review of licensing decisions with respect to transport drivers/operators, security guards, builders, real estate agents, motor dealers and repairers, pawnbrokers and second hand dealers, stock and station agents, business agents, travel agents, valuers and licenced conveyancers; professional discipline of occupations governed by a statutory council, board, panel or authority.

The current President is Justice Robertson Wright SC and the Deputy-Presidents are Magistrate Nancy Hennessy, Mr M D Schyvens, Mr Stuart Westgarth, The Hon. Wayne Haylen QC and Judge Kevin O’Connor AM.

The principal registry is located at Level 9, John Maddison Tower, 86-90 Goulburn Street, Sydney NSW 2000, tel 1300 006 228.

The divisional registries are:

Administrative and Equal Opportunity: Level 10, John Maddison Tower, 86-90 Goulburn Street, Sydney NSW 2000.
Consumer and Commercial: Level 12, 175 Castlereagh Street, Sydney NSW 2000 (also at Liverpool, Hurstville, Newcastle, Penrith, Tamworth and Wollongong).
Guardianship: Level 3, 2a Rowntree Street Balmain NSW 2041.
Occupational: Level 10, John Maddison Tower, 86-90 Goulburn Street, Sydney NSW 2000.

1300 00 2088

Courts and Tribunals, De Facto relationships, Family Law

Family Court of Australia

July 24, 2014 Legal Helpdesk Lawyers

The Family Court of Australia http://www.familycourt.gov.au/ was established under the Commonwealth Family Law Act 1975 http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/ to specifically deal with marriage, divorce, matrimonial causes, parental responsibility for children and financial matters arising out of the breakdown of de facto relationships and certain other matters.

The court commenced on 5 January 1976. It is constituted by a Chief Justice, Deputy Chief Justice, Judges of Appeal Division, Family Court of Western Australia and Judicial Committees.

Since 5 July 2004, the Chief Justice has been Diana Bryant AO.

The Chief judge makes rules delegating the judicial powers to Registrars and non-judicial officers.

The court provides both judicial and administrative procedures for the determination of disputes.

The court has registries in all states apart from Western Australia, which has it’s own Family Court. All of the registries support the family law jurisdiction of the Federal Circuit Court.

At first instance, the court hears matters before single judges. The court also has an appeal division (Full Court) which hears appeals from first instance decisions of the Family Court and the family jurisdiction of the Federal Circuit Court.

In the Sydney metropolitan area, the Family Court has registries at:

Sydney Family Law Registry: Lionel Bowen Building, 97-99 Goulburn Street, Sydney NSW 2000, tel 1300 352 000.
Parramatta Family Law Registry: Garfield Barwick Commonwealth Law Courts Building, 1-3 George Street, Parramatta NSW 2150, tel 1300 352 000.

Sydney, Australia

1300 00 2088

Appeals, Bias, Conflict of interest, Courts and Tribunals, Waiver

Smits v Roach [2006] HCA 36 | 20 July 2006

July 20, 2014 Legal Helpdesk Lawyers

ON 20 JULY 2006, the High Court of Australia delivered Smits v Roach [2006] HCA 36; (2006) 228 ALR 262; (2006) 80 ALJR 1309 (20 July 2006).

http://www.austlii.edu.au/au/cases/cth/HCA/2006/36.html

The High Court held that the NSW Court of Appeal was correct in holding that the appellant was estopped from raising a conflict of interest as it’s senior counsel had waived the right to object at the start of the proceedings. The High Court held that the appellant was bound by the conduct of it’s senior counsel on the question of waiver.

The court also held that in determining bias on the part of a judicial officer, the appeal court must (1) identify why a judge might have decided the case in a manner other than on its legal or factual merits, and (2) explain the logical connection between the matter complained of and the feared deviation from impartial decision making.

Sydney, Australia

1300 00 2088

Appeals, Constitutional law, Courts and Tribunals, United Kingdom

Privy Council (Appeals from the High Court) Act 1975 | 8 July 1975

July 8, 2014 Legal Helpdesk Lawyers

ON 8 JULY 1975, the Commonwealth Privy Council (Appeals from the High Court) Act 1975 commenced, abolishing appeals from the High Court of Australia to the Privy Council.

http://www.austlii.edu.au/au/legis/cth/consol_act/pcfthca1975417/

1300 00 2088

Administrative Law, Courts and Tribunals

Heatley v Tasmanian Racing and Gaming Commission [1977] HCA 39 | 7 July 1977

July 7, 2014 Legal Helpdesk Lawyers

ON 7 JULY 1977, the High Court of Australia delivered Heatley v Tasmanian Racing & Gaming Commission [1977] HCA 39; (1977)137 CLR 487 (7 July 1977).

http://www.austlii.edu.au/au/cases/cth/HCA/1977/39.html

Heatley had been warned off racecourses in Tasmania without any notice by the Commission of it’s intention to do so. The court held that the Commission was bound by the rules of natural justice to give such notice (unless there was an emergency) and that Heatley should have had the opportunity to make representations before the Commission made it’s decision.

The court found that Heatley, as a member of the public, had a legitimate expectation of being admitted to the racecourse and that for the rules of natural justice to apply, the applicant only needed to have a legitimate expectation rather than a right or interest.

1300 00 2088

Courts and Tribunals

Supreme Court of NSW

July 3, 2014 Legal Helpdesk Lawyers

The Supreme Court of NSW http://www.supremecourt.lawlink.nsw.gov.au/supremecourt/sco2_index.html is the state’s highest court and has jurisdiction to deal with:

Civil matters of any amount.
Serious criminal matters.

The court’s functions are divided into:

Trial matters in the Common Law and Equity divisions.
Appeal matters in the Court of Appeal and Court of Criminal Appeal.

The court is presided over by a Chief Justice, President of the Court of Appeal, Judges of Appeal, Judges and Associate Judges. Some judicial functions are delegated to Registrars. The current Chief Justice is the Hon T F Bathurst AC and the President of the Court of Appeal is the Hon Justice Margaret Joan Beazley AO.

Proceedings of the Supreme Court are carried out at: