Administrative Law

ICAC: Jurisdictional Facts?

By robert / March 27, 2018 / Comments Off on ICAC: Jurisdictional Facts?

Knightsbridge North Lawyers Pty Limited v Independent Commission Against Corruption [2018] NSWSC 387 ADMINISTRATIVE LAW – judicial review – Independent Commission Against Corruption (ICAC) – decision to hold public inquiry – ICAC Act 1988 (NSW), s 31 – decision to investigate matters – ICAC Act 1988 (NSW), s 20 – no jurisdictional error – prerequisites…

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Administrative review: re-assessment of medical certificate in MACA context

By robert / February 20, 2018 / Comments Off on Administrative review: re-assessment of medical certificate in MACA context

ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of certificate of medical assessment review panel – Panel not advised by Authority of appellant’s objection to assessment without re-examination – appellant not re-examined – whether constructive failure to exercise statutory function ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of…

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

By robert / April 12, 2017 / Comments Off on Administrative Law: No need for a "genuine (medical) dispute" under MACA
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Scope of orders available on judicial review

By robert / February 7, 2017 / Comments Off on 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,…

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Administrative law: The role of a medical assessor

By robert / December 20, 2016 / Comments Off on 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…

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NSW Court of Appeal: appeal books

By robert / July 25, 2016 / Comments Off on 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…

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Appointment of silk in NSW: declaratory relief

By Robert Sheldon / July 13, 2016 / 0 Comments

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…

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Substantial arguments and material matters

By Robert Sheldon / July 6, 2016 / 0 Comments
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Medical assessment guidelines – are they "delegated legislation", properly so called

By Robert Sheldon / May 17, 2016 / 0 Comments
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Administrative Law

By Robert Sheldon / May 17, 2016 / 0 Comments

Ali v AAI Limited [2016] NSWCA 110 ADMINISTRATIVE LAW – judicial review – motor vehicle accident – review of certificate of medical assessor – scope of statutory duty to give reasons – extent of reference to large volume of material supplied by parties – relevant consideration – obligation to consider matters identified by statute –…

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