Jajoo v Micheletto [2021] FCA 1238

The notation impugning the applicant's professional conduct was made without affording her procedural fairness; such a decision calls for procedural fairness when it is likely to adversely affect reputation, and its absence renders the notation invalid.

Jurisdiction: Australia
Judgment Date: 13 October 2021
Procedural Posture: Application for Judicial Review / Judgment
Outcome: Declaration granted; notation held invalid for want of procedural fairness.
Legal Topics: ['judicial Review' 'procedural Fairness' 'non Publication Orders' 'referral to Professional Body']

['administrative Law'] ['judicial Review' 'procedural Fairness' 'non Publication Orders' 'referral to Professional Body']

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Procedural Posture

Application for Judicial Review / Judgment

Legal Issues

1 ['Whether procedural fairness was denied in making a notation referring the applicant solicitor to the Law Society of NSW' 'Whether a judicial officer can make a public finding adverse to a non-party without notice or opportunity to be heard']

Ratio Decidendi

Court Disposition

Declaration granted; notation held invalid for want of procedural fairness.

Orders

['Declaration that the notation in the orders of the Federal Circuit Court of Australia on 4 June 2021 in file number MLG 2043 of 2020 is invalid for lack of procedural fairness.' 'Publication of these orders and reasons is restricted to the parties and certain stakeholders until further publication would not breach...