Sullivan v Civil Aviation Safety Authority [2014] FCAFC 93

FEDERAL COURT OF AUSTRALIA

Sullivan v Civil Aviation Safety Authority [2014] FCAFC 93 Citation: Sullivan v Civil Aviation Safety Authority [2014] FCAFC 93

Appeal from: Sullivan v Civil Aviation Safety Authority [2013] FCA 1362

Parties: MARK SULLIVAN v CIVIL AVIATION SAFETY AUTHORITY

File number: NSD 56 of 2014

Judges: LOGAN, FLICK & PERRY JJ

Date of judgment: 25 July 2014

Catchwords: ADMINISTRATIVE LAW – Civil Aviation Safety Authority – whether the Administrative Appeals Tribunal was bound to apply the principle in Briginshaw v Briginshaw (1938) 60 CLR 336 – whether the Tribunal erred in not requiring compliance with the rule in Browne v Dunn (1894) 6 R 67 – whether notice was given in any event satisfying the rule in Brown v Dunn and affording the appellant procedural fairness EVIDENCE – rules of evidence may provide guidance to administrative tribunal – Administrative Appeals Tribunal not bound by the rules of evidence Held: Appeal dismissed with costs

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 2A, 33, 39, 43, 44 Australian Federal Police (Disciplinary) Regulations 1979 (Cth) Australian Securities and Investments Commission Act 2001 (Cth) ss 59, 218 Civil Aviation Act 1988 (Cth) ss 3A, 9A, 29, 30A, 30DC, 30DE Civil Aviation Regulations 1988 (Cth) reg 215, 269(1)(c), 269(1)(d) Criminal Code 1995 (Cth) s 137.1 Defence Force Discipline Act 1982 (Cth) s 146A Evidence Act 1995 (Cth) s 140 Marriage Act 1928 (Vic) Migration Act 1958 (Cth) ss 311E, 420 National Health Act 1953 (Cth) s 122 Quarantine Act 1908 (Cth) s 66AZA Transport Safety Investigation Act 2003 (Cth) s 19