Douglas, Heather Catharine v Allen, Robert Norman & Ors [1984] FCA 75

Douglas, Heather Catharine v Allen, Robert Norman & Ors [1984] FCA 75

The applicant had no legitimate expectation of being granted Master Teacher status, only an expectation her application would be dealt with broadly in accordance with the procedures in the Handbook. There was no significant departure from those procedures, nor a breach of natural justice. Dismissal of the application was appropriate.

Parties
Applicant: Heather Catharine Douglas; First Respondent: Robert Norman Allen; Second Respondent: Ray Jolliffe; Second Respondent: James Charles Venis; Second Respondent: Ewan Edwin Hazell; Second Respondent: Dorothy Patricia Arno; Second Respondent: Robert Virgona; Third Respondent: Phillip John Ibbotson; Third Respondent: Wayne Kenneth Bradley; Third Respondent: Patricia Hackett
Jurisdiction
Australia
Judgment Date
03 April 1984
Procedural Posture
Orders of Review Under the Administrative Decisions (judicial Review) Act 1977 / Final Judgment
Outcome
Application dismissed.
Legal Topics
Judicial Review, Natural Justice, Legitimate Expectation, Promotion/classification in Commonwealth Teaching Service, Procedural Fairness
Administrative Law Judicial Review Natural Justice Legitimate Expectation Promotion/classification in Commonwealth Teaching Service Procedural Fairness

Case Brief

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Parties

Heather Catharine Douglas

Applicant

Robert Norman Allen

First Respondent

Ray Jolliffe

Second Respondent

James Charles Venis

Second Respondent

Ewan Edwin Hazell

Second Respondent

Dorothy Patricia Arno

Second Respondent

Robert Virgona

Second Respondent

Phillip John Ibbotson

Third Respondent

Wayne Kenneth Bradley

Third Respondent

Patricia Hackett

Third Respondent

Procedural Posture

Orders of Review Under the Administrative Decisions (judicial Review) Act 1977 / Final Judgment

Legal Issues

  1. 1 Whether decisions about Master Teacher classification are subject to judicial review
  2. 2 Whether the rules of natural justice apply to the classifications
  3. 3 Whether applicant had a legitimate expectation to classification

Ratio Decidendi

The applicant had no legitimate expectation of being granted Master Teacher status, only an expectation her application would be dealt with broadly in accordance with the procedures in the Handbook. There was no significant departure from those procedures, nor a breach of natural justice. Dismissal of the application was appropriate.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • Extension of time within which proceedings may be brought is granted.