Administrative Law
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…
Read MoreADMINISTRATIVE 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…
Read MoreIn 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,…
Read MoreAAI 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…
Read MoreIn 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…
Read MoreAli 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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