Category: Administrative Law
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Administrative review
ADMINISTRATIVE LAW – judicial review – medical review panel – assessment of degree of permanent impairment under the Motor Accidents Compensation Act 1999 (NSW) – failure to take into account relevant considerations – whether the failure to refer to particular evidence can constitute failure to take into account relevant considerations – failure to accord procedural…
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Huni v Allianz Australia Insurance Ltd: proper officer/delegate
Huni v Allianz Australia Insurance Ltd [2014] NSWSC 1584 83To the extent that the Proper Officer's determination was to the contrary of this analysis, then it was erroneous because the Proper Officer ought to have had a suspicion of the kind necessary to order a review. However, there is, in my opinion, a further error…
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Mitrovic v Motor Accidents Authority of New South Wales: proper officer/delegate
Mitrovic v Motor Accidents Authority of New South Wales [2012] NSWSC 1231 Applying the wrong legal test and failing to make required determinations under an Act each constitute errors of law sufficiently serious as to also constitute jurisdictional errors: Craig v South Australia (1995) 184 CLR 163 at 179; Kirk v Industrial Relations Commission of…