EJX v University of Newcastle [2023] NSWCATAD 7

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EJX v University of Newcastle [2023] NSWCATAD 7 Hearing dates: On the papers Date of orders: 09 January 2023 Decision date: 09 January 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: A Christie, Senior Member Decision: (1) A further hearing in relation to the Post-Hearing Issues is dispensed with under s50 of the CAT Act. (2) The Additional s58 Documents lodged by the Respondent with the Tribunal after the Hearing and before the Tribunal's decision are accepted and will, subject to Order (3) below, be considered by the Tribunal in determining the correct and preferable decision in this case. (3) A further hearing on the impact of and any issues arising from the Additional s58 Documents on/in relation to the Core Issues is listed for hearing on Tuesday, 14 February 2023 at 2.00pm at John Maddison Towers, Level 10, 86-90 Goulburn Street, Sydney for a half day. Catchwords: PRACTICE A PROCEDURE – whether additional s58 documents lodged after the hearing and before the Tribunal's decision should be accepted – procedural fairness - whether a further hearing is required to allow the applicant to address the impact (if any) of the additional documents on the issues in dispute and/or to assist the Tribunal to make the correct and preferable decision Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Privacy and Personal Information Protection Act 1988 Cases Cited: Bristol Custodian Limited v Chief Commissioner of Staff Revenue [2021] NSWADTAP 44 Edwards v Commission for Fair Trading, Department of Finance, Services and Innovation [2019] NSWCA7AP 208 Re Minister for Immigration and Multicultural Affairs: Ex parte Lam (2003) 214 CLR 1 Re Minister for Immigration and Multicultural Affairs Ex parte Miah (2001) 206 CLR 57 Texts Cited: None cited Category: Procedural rulings Parties: EJX (Applicant) University of Newcastle (Respondent) Representation: Applicant (Self Represented) Hicksons Lawyers (Respondent) File Number(s): 2021/00074545 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the publication of the name of the Applicant and any material that identifies the Applicant or is likely to lead to the identification of the Applicant is prohibited.