AWX24 v Australian National University (Separate Question) [2024] FCA 1075

Federal Court of Australia

AWX24 v Australian National University (Separate Question) [2024] FCA 1075 File number: ACD 36 of 2023

Judgment of: KENNETT J

Date of judgment: 17 September 2024

Catchwords: PRACTICE AND PROCEDURE – separate question stated for resolution prior to final hearing – whether hearing should proceed in the light of concessions made by respondent as to jurisdictional error ADMINISTRATIVE LAW – statutory disciplinary process of university – where legislation governing disciplinary process provides for appeal – where jurisdictional error in appellate decision conceded by respondent – where court has discretion whether to grant relief – where the Federal Court has issued decision in McGary v Australian National University [2024] FCA 800 (McGary) on the proper task of the appellate decision maker under the relevant statutory scheme – where respondent appealing that decision to Full Court – where respondent does not concede McGary-style jurisdictional error in present proceeding, but concedes it is open to court to find a McGary-style jurisdictional error in present proceeding – whether court should proceed to review initial disciplinary decision – whether statutory appeal process sufficient remedy for error at first instance – whether matter should be referred back to statutory appeal process – whether respondent can maintain submission that statutory appeal process sufficient while contesting the content of that appeal process before the Court in other proceedings ADMINISTRATIVE LAW – where respondent concedes one jurisdictional error in decision under review and consents to relief in the form of certiorari – where applicant wishes to press claim for certiorari on other grounds of judicial review – whether court should proceed to hear claim for certiorari on other grounds