The NSW Civil and Administrative Tribunal is scheduled to hear proceedings concerning the operation of section 110 of the Government Information (Public Access) Act 2009 (NSW) and the application of legal principles governing finality in administrative review proceedings.

The matter concerns the Tribunal’s statutory power to make restraint orders in circumstances where further proceedings arise in relation to issues previously considered and determined.

A central issue before the Tribunal is whether the present proceedings concern the same cause of action, or the same issues between the same parties, which have previously been finally determined, and whether those circumstances enliven the application of the principles of res judicata, finality of litigation, or related doctrines concerning abuse of process and the proper administration of justice.

Procedural SignificanceThe proceedings represent the fourth occasion on which the same parties have returned to the Tribunal in relation to matters arising from the same underlying government information access dispute.

The hearing will consider the balance between preserving lawful access to administrative review mechanisms and ensuring that final decisions of a competent tribunal are afforded appropriate effect.

The matter raises significant questions concerning whether parties may be compelled to repeatedly defend the same cause of action or issues after those matters have been conclusively resolved through the legal process, while ensuring that statutory review rights remain available where properly engaged.

Why This Matter MattersThe proceeding is of broader significance for administrative law, government accountability, and the proper operation of review mechanisms under the GIPA Act.

At its core, the matter concerns the interaction between two fundamental principles:* the importance of access to government information and meaningful avenues of administrative review; and* the equally important principle that parties should not be compelled to repeatedly defend the same cause of action or issues after those matters have been conclusively resolved through the legal process.

The Tribunal’s consideration may provide guidance on:* the circumstances in which section 110 restraint orders may be appropriate;* the application of Res Judicata and related doctrines of finality and abuse of process;* the protection of parties from repeated litigation concerning matters already determined; and* the maintenance of confidence in the integrity, efficiency, and fairness of administrative review processes.
The proceeding will be of interest to administrative law practitioners, government agencies, journalists, transparency advocates, and members of the public concerned with open government, accountable decision-making, and the proper administration of justice.
Proceeding DetailsTribunal: NSW Civil and Administrative TribunalLegislation: Government Information (Public Access) Act 2009 (NSW)Matter: Webb & Ors v Dept of Communities & Justice & OrsNCAT Reference: AP 2026 - 00139493Hearing Date: Friday 24th July 2026Time: 2.15pmVenue: NCAT Goulburn Street Sydney (Room allocation to be advised)
Members of the media, legal practitioners, administrative law observers, transparency advocates, and interested members of the public are invited to attend and observe the proceedings, subject to Tribunal directions and applicable access requirements.

Media and Public Enquiries:Telina Webb, 0493 211 635

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