Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
LVR (WA) Pty Ltd v Administrative Appeals Tribunal [2012] FCAFC 90 Citation: LVR (WA) Pty Ltd v Administrative Appeals Tribunal [2012] FCAFC 90
Appeal from: LVR (WA) Pty Ltd v Administrative Appeals Tribunal [2011] FCA 1146
Parties: LVR (WA) PTY LTD (ACN 095 742 635) and CZ HOLDINGS PTY LTD (ACN 096 372 913) v ADMINISTRATIVE APPEALS TRIBUNAL and COMMISSIONER OF TAXATION
File number: WAD 428 of 2011
Judges: NORTH, LOGAN AND ROBERTSON JJ
Date of judgment: 22 June 2012
Catchwords: ADMINISTRATIVE LAW – Administrative Appeals Tribunal – power of Tribunal to dismiss application without proceeding to review the decision – power where failure of applicants within a reasonable time to comply with a direction by the Tribunal – mandatory relevant considerations – applicants' response to application to dismiss ADMINISTRATIVE LAW – reasons of tribunal substantially copied without attribution from party's written submissions – whether tribunal engaged in active intellectual process – whether constructive failure to exercise jurisdiction – failure to consider mandatory relevant considerations – applicants' response to application to dismiss PRACTICE AND PROCEDURE – obligations to court – model litigant obligations – obligation to inform court of source of decision-maker's reasons where copied without attribution from party's written submissions
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1)(a), 42A(5)(b) Legal Services Directions 2005 (Cth)
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