Series Expose: How to orchestrate a Section 110 Application under the GIPA Act 2009
Episode 2: 08.10.2024
Respondents Apply for Dismissal of Proceedings Due to Tribunal's Lack of Jurisdiction
Episode 2: 08.10.2024
Respondents Apply for Dismissal of Proceedings Due to Tribunal's Lack of Jurisdiction
Having received the Joint Section 110 Application courtesy of the Secretary Dept of Communities & Justice (DCJ), Port Stephens Council (PSC), and Goulburn Mulwaree Council (GMC), the Respondents today filed a Miscellaneous Application for Dismissal of Proceedings.
The Respondents had referred to separate such applications on the part of DCJ which were successful.
It seemed a simple case of pointing out the Tribunal’s lack of jurisdiction under the NCAT Act 2013 to consider the Section 110 Application, and that would satisfy the Tribunal it should grant the Misc Application for dismissal.
The Orders sought by the Respondents were:a) The proceedings be dismissed pursuant to Section 55(1) (b) of the NCAT Act 2013 as the proceedings are decidedly frivolous or vexatious or otherwise misconceived or lacking in substance as the Tribunal does not have jurisdiction to deal with itb) The proceedings be dismissed pursuant to Section 55(1(b) of the NCAT Act 2013 as the proceedings are commenced for a collateral purpose which is an abuse of process.
Waiting on the forthcoming Case Conference notice of listing it was expected the Misc Application would be heard on that occasion.
The Tribunal is expected to use a degree of common sense and correct statutory interpretation negating appeals on decisions.
However the Tribunal is riddled with appeal matters testimony to its regularly making poor quality decisions which cause unnecessary time consuming and costly reviews. The Miscellaneous Application is available here.
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 Respondents had referred to separate such applications on the part of DCJ which were successful.
It seemed a simple case of pointing out the Tribunal’s lack of jurisdiction under the NCAT Act 2013 to consider the Section 110 Application, and that would satisfy the Tribunal it should grant the Misc Application for dismissal.
The Orders sought by the Respondents were:a) The proceedings be dismissed pursuant to Section 55(1) (b) of the NCAT Act 2013 as the proceedings are decidedly frivolous or vexatious or otherwise misconceived or lacking in substance as the Tribunal does not have jurisdiction to deal with itb) The proceedings be dismissed pursuant to Section 55(1(b) of the NCAT Act 2013 as the proceedings are commenced for a collateral purpose which is an abuse of process.
Waiting on the forthcoming Case Conference notice of listing it was expected the Misc Application would be heard on that occasion.
The Tribunal is expected to use a degree of common sense and correct statutory interpretation negating appeals on decisions.
However the Tribunal is riddled with appeal matters testimony to its regularly making poor quality decisions which cause unnecessary time consuming and costly reviews. The Miscellaneous Application is available here.
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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