CBL v Southern Cross University [2017] NSWCATAD 125

CBL v Southern Cross University [2017] NSWCATAD 125

Subsection 53(4) of the Civil and Administrative Tribunal Act 2013 does not apply to irregularities such as failure to provide written reasons when the failure occurs after final determination of proceedings; such non-compliance is not 'in relation to the commencement or conduct of proceedings.' The appropriate remedy is by appeal under Part 6, not a set aside application.

Jurisdiction
Australia
Judgment Date
24 April 2017
Procedural Posture
Application to Set Aside Tribunal Decision / Final Determination
Outcome
Application dismissed
Legal Topics
['set Aside Provisions' 'failure to Provide Written Reasons' 'apprehended Bias' 'recusal Applications' 'civil and Administrative Tribunal Procedure']
['administrative Law' 'equal Opportunity Law'] ['set Aside Provisions' 'failure to Provide Written Reasons' 'apprehended Bias' 'recusal Applications' 'civil and Administrative Tribunal Procedure']

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Procedural Posture

Application to Set Aside Tribunal Decision / Final Determination

Legal Issues

  1. 1 ["Whether Tribunal's failure to provide written reasons for decision on oral recusal applications empowers setting aside the original decisions under subsection 53(4) of the Civil and Administrative Tribunal Act 2013" "Whether non-compliance with statutory requirement occurs 'in relation to the commencement or conduct of proceedings'" 'Relationship between set aside provisions and appeal rights']

Ratio Decidendi

Subsection 53(4) of the Civil and Administrative Tribunal Act 2013 does not apply to irregularities such as failure to provide written reasons when the failure occurs after final determination of proceedings; such non-compliance is not 'in relation to the commencement or conduct of proceedings.' The appropriate remedy is by appeal under Part 6, not a set aside application.

Court Disposition

Application dismissed

Orders

  • ["CBL's application to set aside the decisions of the Tribunal pursuant to subsection 53(4) of the Civil and Administrative Tribunal Act 2013 is dismissed."]