AY v Department of Education and Training [2009] NSWADT 265

AY v Department of Education and Training [2009] NSWADT 265

Leave should be granted at this stage because the proposed agent's previous representation for the applicant is sufficient, and concerns raised by the respondent can be addressed if they materialise during the substantive proceedings.

Source-derived case information.

Parties
Applicant: AY; Respondent: Department of Education and Training
Jurisdiction
Australia
Judgment Date
13 October 2009
Procedural Posture
Application / Application for Leave to Be Represented by an Agent
Outcome
Leave granted to Mr Johnston to represent the applicant in the substantive proceedings.
Legal Topics
Representation, Leave to Appear by Agent
Administrative Law Representation Leave to Appear by Agent

Source-derived case record

Summary, issues, holding and outcome

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Parties

AY

Applicant

Department of Education and Training

Respondent

Procedural Posture

Application / Application for Leave to Be Represented by an Agent

Legal Issues

  1. 1 Whether leave should be granted to an agent who is not a legal practitioner to represent the applicant under s.71 of the Administrative Decisions Tribunal Act 1997

Ratio Decidendi

Leave should be granted at this stage because the proposed agent's previous representation for the applicant is sufficient, and concerns raised by the respondent can be addressed if they materialise during the substantive proceedings.

Court Disposition

Leave granted to Mr Johnston to represent the applicant in the substantive proceedings.

Orders

  • Leave is granted to Mr Johnston to represent the applicant in the substantive proceedings.