DVT v Commissioner of Police (No 2) [2021] NSWCATAD 195

DVT v Commissioner of Police (No 2) [2021] NSWCATAD 195

The Tribunal was satisfied that the issues for determination as to remedies following its liability decision could be adequately dealt with without an oral hearing and be determined on the papers, particularly having afforded both parties the opportunity to make submissions, in accordance with section 50 of the Civil and Administrative Tribunal Act 2013 and the guiding principle in section 36.

Jurisdiction
Australia
Judgment Date
12 July 2021
Procedural Posture
Application for Remedies Following Privacy Determination / Post Liability Orders; Procedural Orders Regarding Submissions on Remedies
Outcome
Procedural orders made clarifying the process and deadlines for further written submissions on remedies; oral hearing dispensed with; Tribunal to determine remedies on the papers after 29 July 2021.
Legal Topics
['practice and Procedure' 'remedies' 'hearing on the Papers' 'information Privacy Principles']
['administrative Law' 'privacy Law'] ['practice and Procedure' 'remedies' 'hearing on the Papers' 'information Privacy Principles']

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Procedural Posture

Application for Remedies Following Privacy Determination / Post Liability Orders; Procedural Orders Regarding Submissions on Remedies

Legal Issues

  1. 1 ['Whether the Tribunal could dispense with an oral hearing on remedies and determine the matter on the papers under section 50 of the Civil and Administrative Tribunal Act 2013']

Ratio Decidendi

The Tribunal was satisfied that the issues for determination as to remedies following its liability decision could be adequately dealt with without an oral hearing and be determined on the papers, particularly having afforded both parties the opportunity to make submissions, in accordance with section 50 of the Civil and Administrative Tribunal Act 2013 and the guiding principle in section 36.

Court Disposition

Procedural orders made clarifying the process and deadlines for further written submissions on remedies; oral hearing dispensed with; Tribunal to determine remedies on the papers after 29 July 2021.

Orders

  • ['Order 2 of the Orders made on 15 June 2021 is replaced: The Respondent may submit further written submissions of up to 4 pages in respect of the remedies sought by the Applicant within seven days from the date of these Reasons for Decision.' "Order 3 of the Orders made on 15 June 2021 is replaced: Within seven...