Archive for Administrative Law

Administrative Law: No need for a “genuine (medical) dispute” under MACA

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Scope of orders available on judicial review

 In the exercise of the Court’s supervisory jurisdiction, the Court is not limited to granting only that kind of relief which might have been available under the prerogative writs. The Court can make an order not merely quashing the determination of the court below, but making in its place the only order available in law, consistent with the reasoning of the Court

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Administrative law: The role of a medical assessor

AAI Limited v State Insurance Regulatory Authority of New South Wales (formerly the Motor Accidents Authority of New South Wales) [2016] NSWCA 368

On its proper construction the MAC Act does not require a medical assessor to make a determination as to what elements of an incident involving a motor vehicle during which a person was injured was a “motor accident” within the meaning of s 3 of the MAC Act: [7], [123], [159], [197].

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NSW Court of Appeal: appeal books


In place of order (5) made on 5 July 2016 (but not entered) the Court makes the following order:

(5)   Order that the appellant’s solicitor –

(a)   not charge his client with more than 50% of the costs and disbursements associated with preparing the Blue appeal books;
(b)   to the extent that such costs or disbursements have already been paid or might be paid in the future, reimburse the client for that amount; and
(c)   give the client written notification of the terms of this order.

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Appointment of silk in NSW: declaratory relief

ASSOCIATIONS AND CLUBS – declaratory relief sought pursuant to s 21 of Federal Court of Australia Act 1976 (Cth) – whether subject matter of declarations sought is justiciable – when Court will intervene in internal affairs of voluntary associations – where association is a company limited by guarantee – where issues do not relate to rules in association’s Constitution but rather the terms of a Senior Counsel Protocol – where no contractual or property rights affected – whether issues involve threat or interference with applicant’s livelihood or reputation.

CORPORATIONS – members’ rights and remedies – oppression – whether conduct of the association’s affairs in connection with applicant’s Senior Counsel application and appointment process was oppressive to, unfairly prejudicial to or unfairly discriminatory against the applicant – Corporations Act 2001 (Cth), ss 232, 233.

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