Victorian Building Authority v Cau [2023] FCAFC 120

Federal Court of Australia

Victorian Building Authority v Cau [2023] FCAFC 120 Appeal from: Cau v Victorian Building Authority [2022] FCA 45

File number: WAD 45 of 2022

Judgment of: KATZMANN, JACKSON AND FEUTRILL JJ

Date of judgment: 31 July 2023

Catchwords: ADMINISTRATIVE LAW – appeal from judgment and orders allowing an appeal from a decision of the Administrative Appeals Tribunal on a question of law – whether primary judge erred in his interpretation of s 29(1) of the Mutual Recognition Act 1991 (Cth) and meaning of "activities authorised to be carried out under each registration" – where primary judge found the Tribunal erred in its interpretation and application of the Act and in affirming Victorian Building Authority's refusal of respondent's application for mutual recognition and registration as a building surveyor under Part 3 of the Act WORDS AND PHRASES – "activities authorised to be carried out under each registration"

Legislation: Constitution s 51(xxxvii) Acts Interpretation Act 1901 (Cth) ss 15AA, 15AB Administrative Appeals Tribunal Act 1975 (Cth) ss 44 Mutual Recognition Act 1992 (Cth) ss 3, 3A, 4(1), 16(1), 16(2), 17(1), 17(2), 19(1), 20(1), 21(1), 21(3), 23(1), 23(1)(c), 28, 29; Pt 3 Building Act 1993 (Vic) ss 169-169B, 169D, 171-170D, 171(1)(a) Building Regulations 2018 (Vic) Sch 9, Pt 2, para 2 Building Services (Complaint Resolution and Administration) Act 2011 (WA) s 3 Building Services (Complaint Resolution and Administration) Regulations 2011 (WA) cl 4A(2) Building Services (Registration) Act 2011 (WA) ss 4-7, 9, 10, 11, 12, 13, 17, 18, Building Services (Registration) Regulations 2011 (WA) regs 6(1)(ba), 14(ba), 28A(c), 28D