Commissioner for Fair Trading (NSW) v PCBQ [2022] FCA 59

Federal Court of Australia

Commissioner for Fair Trading (NSW) v PCBQ [2022] FCA 59 Appeal from PCBQ and Commissioner for Fair Trading (NSW) [2021] AATA 1436 (24 May 2021)

File number: NSD 607 of 2021

Judgment of: STEWART J

Date of judgment: 4 February 2022

Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeals Tribunal – consent orders sought setting the decision aside and remitting the case to the Administrative Appeals Tribunal for decision according to law – need for the Court to be satisfied of and to identify the error of the Administrative Appeals Tribunal on a question of law TRADE AND COMMERCE – building and construction – Mutual Recognition Act 1992 (Cth) – mutual recognition principle – equivalent occupations – deemed refusal of applicant's application by local registration authority under s 21(4) – registration authority is required to consider imposing conditions under s 20(5) to achieve equivalence of registrations

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Mutual Recognition Act 1992 (Cth) ss 20(5), s 21(4), 29

Cases cited: Board of Examiners under the Mines Safety & Inspection Act 1994 (WA) v Lawrence [2000] FCA 900; 100 FCR 255 Irwin v Military Rehabilitation and Compensation Commission [2009] FCAFC 33; 174 FCR 574 Kovalev v Minister for Immigration and Multicultural Affairs [1999] FCA 557; 100 FCR 323

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 9