EJX v University of Newcastle [2023] NSWCATAD 7

EJX v University of Newcastle [2023] NSWCATAD 7

The late lodgement of the Additional s58 Documents is accepted as necessary for the Tribunal's proper determination; however, procedural fairness requires that the Applicant be afforded a further hearing to address the impact of the Additional s58 Documents on the core issues, including opportunity for cross-examination and submissions, before the Tribunal makes its final decision.

Jurisdiction
Australia
Judgment Date
09 January 2023
Procedural Posture
Administrative Review / Interlocutory/procedural Ruling; Post Hearing
Outcome
Orders made: Additional s58 Documents accepted; further hearing listed on impact to core issues; post-hearing issues determined on the papers.
Legal Topics
['procedural Fairness' 'practice and Procedure' 'late Lodgement of Documents' 'administrative Review' 'privacy and Personal Information Protection']
['administrative Law' 'privacy Law'] ['procedural Fairness' 'practice and Procedure' 'late Lodgement of Documents' 'administrative Review' 'privacy and Personal Information Protection']

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Procedural Posture

Administrative Review / Interlocutory/procedural Ruling; Post Hearing

Legal Issues

  1. 1 ['Whether the late lodgement of Additional s58 Documents by the Respondent after the hearing should be accepted' 'Whether procedural fairness requires a further hearing to allow the Applicant to address the impact of the Additional s58 Documents' 'Whether the issues can be determined on the papers, in absence of the parties']

Ratio Decidendi

The late lodgement of the Additional s58 Documents is accepted as necessary for the Tribunal's proper determination; however, procedural fairness requires that the Applicant be afforded a further hearing to address the impact of the Additional s58 Documents on the core issues, including opportunity for cross-examination and submissions, before the Tribunal makes its final decision.

Court Disposition

Orders made: Additional s58 Documents accepted; further hearing listed on impact to core issues; post-hearing issues determined on the papers.

Orders

  • ['A further hearing in relation to the Post-Hearing Issues is dispensed with under s50 of the CAT Act.' "The Additional s58 Documents lodged by the Respondent with the Tribunal after the Hearing and before the Tribunal's decision are accepted and will, subject to Order (3) below, be considered by the Tribunal in...