Bogaards v McMahon [1988] FCA 233

Bogaards v McMahon [1988] FCA 233

The Administrative Appeals Tribunal, having previously made consent orders finally determining the relevant issue between the parties, is functus officio and cannot reconsider that issue. The law of estoppel (including cause of action estoppel and, by implication, res judicata) applies to binding decisions of tribunals in this context, and the Tribunal lacks jurisdiction to proceed further with the reference, as the matter had already been determined.

Parties
Applicant: Leendert Bogaards; First Respondent: Mr B.J. McMahon (sitting as Senior Member, Administrative Appeals Tribunal); Second Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
20 May 1988
Procedural Posture
Judicial Review / Application for Prerogative Relief / Post Interlocutory Application for Prohibition Before the Federal Court
Outcome
Writ of prohibition issued; costs awarded to applicant
Legal Topics
Estoppel, Res Judicata, Jurisdiction of Administrative Tribunals, Prerogative Relief, Functus Officio, Consent Orders, Effect of Tribunal Decisions
Administrative Law Workers’ Compensation Estoppel Res Judicata Jurisdiction of Administrative Tribunals Prerogative Relief Functus Officio Consent Orders +1 more

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Parties

Leendert Bogaards

Applicant

Mr B.J. McMahon (sitting as Senior Member, Administrative Appeals Tribunal)

First Respondent

Commonwealth of Australia

Second Respondent

Procedural Posture

Judicial Review / Application for Prerogative Relief / Post Interlocutory Application for Prohibition Before the Federal Court

Legal Issues

  1. 1 Whether the Administrative Appeals Tribunal is functus officio and precluded (by estoppel or res judicata) from reconsidering a determination previously decided by consent orders in the same matter
  2. 2 Effect of consent orders by the A.A.T. and whether their reconsideration is permissible
  3. 3 Jurisdiction of the Federal Court to issue prerogative relief (prohibition) and/or a declaration

Ratio Decidendi

The Administrative Appeals Tribunal, having previously made consent orders finally determining the relevant issue between the parties, is functus officio and cannot reconsider that issue. The law of estoppel (including cause of action estoppel and, by implication, res judicata) applies to binding decisions of tribunals in this context, and the Tribunal lacks jurisdiction to proceed further with the reference, as the matter had already been determined.

Court Disposition

Writ of prohibition issued; costs awarded to applicant

Orders

  • A writ of prohibition is to issue directed to Mr Brian John McMahon (Senior Member, Administrative Appeals Tribunal), prohibiting him from further proceeding in reference N87/899.
  • The Commonwealth of Australia is to pay the applicant’s costs of and incidental to the proceedings, to be taxed.