Dimitrijevich v Construction Occupations Registrar [2019] FCA 2173

Dimitrijevich v Construction Occupations Registrar [2019] FCA 2173

The Registrar’s inclusion of three annotations on the applicant’s licence was not authorised by the statutory regime, and the Registrar’s decision was set aside. The applicant is entitled to a Builders Licence Class A BCA – All classes with the condition 'Only valid for work as a nominee' but without additional annotations, subject to payment of the prescribed fee.

Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review allowed; Registrar’s decision set aside
Legal Topics
['mutual Recognition of Occupations' 'equivalence of Building Licences' 'judicial Review of Administrative Decision' 'licence Conditions and Annotations' 'statutory Interpretation']
['administrative Law' 'trade and Commerce' 'mutual Recognition'] ['mutual Recognition of Occupations' 'equivalence of Building Licences' 'judicial Review of Administrative Decision' 'licence Conditions and Annotations' 'statutory Interpretation']

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the Registrar gave effect to the Tribunal’s decision to grant registration under the Mutual Recognition Act 1992 (Cth) and the relevant Declaration' 'Whether the Registrar lawfully included annotations on the applicant’s ACT licence' 'Validity of licence conditions and annotations under statutory regime']

Ratio Decidendi

The Registrar’s inclusion of three annotations on the applicant’s licence was not authorised by the statutory regime, and the Registrar’s decision was set aside. The applicant is entitled to a Builders Licence Class A BCA – All classes with the condition 'Only valid for work as a nominee' but without additional annotations, subject to payment of the prescribed fee.

Court Disposition

Application for judicial review allowed; Registrar’s decision set aside

Orders

  • ['The decision of the respondent is set aside.' "Subject to payment of prescribed fee, the respondent must issue the applicant a Builders Licence Class A BCA – All classes with the condition 'Only valid for work as a nominee' and without the three annotations on the licence set out in the respondent's decision of 5...