NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gault v Commissioner of Police, NSW Police Force [2022] NSWCATAD 370 Hearing dates: 14 September 2022 Date of orders: 18 November 2022 Decision date: 18 November 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: 1. The application for dismissal of the application for review of the decision to impose a firearms prohibition order is refused. 2. The matter is listed for directions on 17 January 2023 at 10:30 am Catchwords: ADMINISTRATIVE LAW – firearms prohibition order - jurisdiction – statutory construction – whether apprehended domestic violence order revoked - estoppel. Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Firearms Act 1996 Cases Cited: Blair v Curran (1939) 62CLR 464 D'Orta Ekenaike v Victoria Legal Aid [2005] HCA 12; (2005) 223 CLR 1 MZAPC v Minister for Immigration and Border Protection [2021] HCA 17 New South Wales v Kable (2013) 252 CLR 118 Pearson v Clark [2016] NSWCATAP 134 Port of Melbourne Authority v Anshun (1981) 147 CLR 589 Texts Cited: None cited Category: Procedural rulings Parties: Matthew Gault (Applicant) Commissioner of Police, NSW Police Force (Respondent) Representation: Counsel: K Pham (Respondent)
Solicitors: G J Goold (Applicant) Crown Solicitor (Respondent) File Number(s): 2021/00337044 Publication restriction: None
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