Cau v Victorian Building Authority [2022] FCA 45

Federal Court of Australia

Cau v Victorian Building Authority [2022] FCA 45 Appeal from: Cau and Victorian Building Authority [2020] AATA 4851

File number: WAD 311 of 2020

Judgment of: COLVIN J

Date of judgment: 3 February 2022

Catchwords: ADMINISTRATIVE LAW - appeal against decision of Administrative Appeals Tribunal (AAT) - where AAT upheld the Victorian Building Authority's refusal of the applicant's building surveyor licence application - where building surveyor licence application relied upon the Mutual Recognition Act 1992 (Cth) - whether AAT erred in its construction and application of s 29(1) and the terms 'substantially the same' - whether AAT made an error of law in considering whether building surveyorship as regulated under Western Australian law is 'substantially the same' as under Victorian law - appeal allowed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Mutual Recognition Act 1992 (Cth) ss 16, 17, 29, Part 3 Building Act 1993 (Vic) s 169D Building Act 2011 (WA) Building Services (Registration) Act 2011 (WA) ss 4, 11 Building Regulations 2018 (Vic) Building Services (Complaint Resolution and Administration) Regulations 2011 (WA) Building Services (Registration) Regulations 2011 (WA)

Cases cited: Board of Examiners under the Mines Safety and Inspection Act (WA) v Lawrence [2000] FCA 900; (2000) 100 FCR 255 Board of Professional Engineers of Queensland v Gardner [2021] FCA 564 Coca-Cola Amatil (Aust) Pty Ltd v Northern Territory of Australia [2013] FCA 154; (2013) 215 FCR 377 Haritos v Commissioner of Taxation [2015] FCAFC 92; (2015) 233 FCR 315 Medical Board of Queensland v Renton [2006] FCA 947; (2006) 152 FCR 566 Mustac v Medical Board of Western Australia [2007] WASCA 128 Re Rowe and New South Wales Police Service (1997) 47 ALD 442 Victorian Building Authority v Andriotis [2019] HCA 22; (2019) 268 CLR 168 Yousefi and Victorian Building Authority [2018] AATA 3542