Series Expose: How to orchestrate a Section 110 Application under the GIPA Act 2009
Episode 8: 02.05.2025
NCAT Dismisses Contempt Application Against Dept of Communities and Justice Dr of Law, with Commentary Inferring Acts of Negligence. And where is the Information Commissioner to provide Statutory Interpretation of her legislation?
Episode 8: 02.05.2025
NCAT Dismisses Contempt Application Against Dept of Communities and Justice Dr of Law, with Commentary Inferring Acts of Negligence. And where is the Information Commissioner to provide Statutory Interpretation of her legislation?
Further to an Application for Contempt to the NSW Civil and Administrative Tribunal, a decision was handed down today saying the actions of Department’s in-house solicitor Dr Justin Cahill may have involved negligence, but did not meet the standard required for contempt of the Tribunal.
The Application was filed by (3) three Respondents to a current matter within NCAT under the GIPA Act 2009 Section 110.
The Applicants asserted Cahill had misled the Tribunal by mispresenting the GIPA Act and the Tribunal’s jurisdiction to determine any matter concerning it.
Today’s decision takes the reader step by step through the Solicitors Conduct Rules, explaining the obligations of NSW Government Model Litigants, reluctant to make any determination as to Contempt of the Tribunal.
“I agree a solicitor is expected to make a good case for a client, but misrepresenting the legislation cannot and should not be excused at any level. Cahill knew he had not been truthful. Evidently he had been given the dirty job on this occasion and it was one he was fully expected to win. He knew what the Applicants were seeking was not based on law. He knew the Applicants had colluded and spent almost $300,000.00 of public monies compiling all of the so-called evidence for the Section 110 Application. He knew it was wrong. In my view, that’s not only contemptuous, it’s also unconscionable conduct,” stated Webb who is one of the Respondents and who acts for all (3) three.
The proceedings continue with still no sign of the Information Commissioner who is well-placed as the regulatory body to provide contributory submissions on Cahill’s representation of the GIPA Act 2009.
Contact:
Jodie Cobbin, Jodie.cobbin@dcj.nsw.gov.au
Justin Cahill, justin.cahill@dcj.nsw.gov.au
Michael McIntosh, Michael.mcintosh@dcj.nsw.gov.au
Jonathan Franklin, Jonathan.franklin@dcj.nsw.gov.au
Tony Wickham, tony.wickham@portstephens.nsw.gov.au
Lisa Marshall, lisa.marshall@portstephens.nsw.gov.au
Maria Timothy, maria.timothy@goulburn.nsw.gov.au
The Application was filed by (3) three Respondents to a current matter within NCAT under the GIPA Act 2009 Section 110.
The Applicants asserted Cahill had misled the Tribunal by mispresenting the GIPA Act and the Tribunal’s jurisdiction to determine any matter concerning it.
Today’s decision takes the reader step by step through the Solicitors Conduct Rules, explaining the obligations of NSW Government Model Litigants, reluctant to make any determination as to Contempt of the Tribunal.
“I agree a solicitor is expected to make a good case for a client, but misrepresenting the legislation cannot and should not be excused at any level. Cahill knew he had not been truthful. Evidently he had been given the dirty job on this occasion and it was one he was fully expected to win. He knew what the Applicants were seeking was not based on law. He knew the Applicants had colluded and spent almost $300,000.00 of public monies compiling all of the so-called evidence for the Section 110 Application. He knew it was wrong. In my view, that’s not only contemptuous, it’s also unconscionable conduct,” stated Webb who is one of the Respondents and who acts for all (3) three.
The proceedings continue with still no sign of the Information Commissioner who is well-placed as the regulatory body to provide contributory submissions on Cahill’s representation of the GIPA Act 2009.
Contact:
Jodie Cobbin, Jodie.cobbin@dcj.nsw.gov.au
Justin Cahill, justin.cahill@dcj.nsw.gov.au
Michael McIntosh, Michael.mcintosh@dcj.nsw.gov.au
Jonathan Franklin, Jonathan.franklin@dcj.nsw.gov.au
Tony Wickham, tony.wickham@portstephens.nsw.gov.au
Lisa Marshall, lisa.marshall@portstephens.nsw.gov.au
Maria Timothy, maria.timothy@goulburn.nsw.gov.au
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