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[2004] VSC 180
General information, not legal advice.
Supreme Court of Victoria
2004-05-27
Balmford J
Original judgment source is linked above.
[1] [1981] HCA 33; (1981) 147 CLR 471 at 484-5
[2] [1995] HCA 58; (1995) 184 CLR 163 at 175-176
[3] Mr Nash did not suggest that the procedure under Regulation 21.12.6 was inappropriate, and it is to be assumed, given the heading to that regulation, that the examinations in question were not "formal examinations" as defined in regulation 21.12.1.
[4] See Minister for Immigration, Local Government and Ethnic Affairs v Immigration Review Tribunal (1993) 41 FCR 71 at 77-78 per Keely J; Guo Wei Rong v Minister for Immigration and Ethnic Affairs (1995) 38 ALD 38 at 64 per Sackville J; Lynch v Medicare Participation Review Committee (1995) 35 FCR 592 per Wilcox J
[5] [1973] VicRp 36; [1973] VR 375 at 380
[6] [1979] UKPC 1; [1980] AC 574 at 596
[8] [2000] HCA 48; (2000) 201 CLR 488 at 492
[10] [1973] VicRp 10; [1973] VR 122 at 127
[11] [2001] HCA 28; (2001) 179 ALR 425 at [27] and following
[12] (1997) 79 FCR 378 at 386
Simjanoski
La Trobe University [2004] VSC 180
R v Marks; Ex parte Australian Building Construction Employees and Builders Labourers' Federation [1981] HCA 33; (1981) 147 CLR 471
Craig v South Australia [1995] HCA 58; (1995) 184 CLR 163
Johnson v Johnson [2000] HCA 48; (2000) 201 CLR 488
R v Lilydale Magistrates' Court: Ex parte Ciccone [1973] VicRp 10; [1973] VR 122
Re Refugee Review Tribunal; Ex parte H [2001] HCA 28; (2001) 179 ALR 425
. . . In Twist v Randwick Municipal Council [1976] HCA 58; (1976) 136 CLR 106, this Court held that the existence of a full statutory right of appeal on facts and law was indicative of a legislative intention that the citizen's only right of redress against the council's failure to give him an opportunity to be heard before making a demolition order was by way of appeal.
. . . In my opinion the BLF received a full and fair hearing in the appeal and in those circumstances any denial of natural justice before Marks J was irrelevant (Calvin v Carr [1979] UKPC 1; [1980] AC 574 at 593).
It was held in Re Refugee Review Tribunal; Ex parte Aala [2000] HCA 57; (2000) 75 ALJR 52 that administrative decisions may be reviewed in this Court for failure to observe the rules of natural justice. Further, it was accepted in Minister for Immigration and Multicultural Affairs v Jia (2001) 75 ALJR 679 . . . that such a failure would extend to cases in which apprehended bias is established. However, the rule with respect to apprehended bias, as it has developed in relation to the judicial process, is not based solely on the concept of natural justice. Its development is also referable to the need to maintain confidence in the judicial process. Thus, the rule as to apprehended bias, when applied outside the judicial system, must take account of the different nature of the body or tribunal whose decision is in issue and the different character of its proceedings. Moreover - and on this the parties are in substantial agreement - regard must be had to the statutory provisions, if any, applicable to the proceedings in question, the nature of the inquiries to be made and the particular subject-matter with which the decision is concerned.
(1981) 147 CLR 471
(1995) 184 CLR 163
(2000) 201 CLR 488
(2001) 179 ALR 425
(1997) 79 FCR 378
(1976) 136 CLR 106
(2000) 75 ALJR 52
(2001) 75 ALJR 679
(1993) 41 FCR 71
(1995) 35 FCR 592