Zonnevylle v Secretary, Department of Education; Zonnevylle v Secretary, Department of Education [2023] NSWCATAP 80

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Zonnevylle v Secretary, Department of Education; Zonnevylle v Secretary, Department of Education [2023] NSWCATAP 80 Hearing dates: 21 February 2023 Date of orders: 21 February 2023 Decision date: 20 March 2023 Jurisdiction: Appeal Panel Before: A Suthers, Principal Member Decision: In Proceedings 2022/00196935: (1) The appellant's application to independently record the hearing is dismissed. (2) The appellant's applications that I recuse myself are dismissed. (3) The appeal is adjourned to a date to be fixed, not earlier than 28 days from the release to the parties of the written reasons for today's decisions. (4) Should the appellant seek to file any further application(s) in the appeal prior to the next date it is brought before the Appeal Panel, he must at the same time file a document, of no more than 5 pages, showing cause why the Appeal Panel should not dispense with a hearing of the application and summarily dismiss it as vexatious, oppressive or an abuse of process. (5) All extant interlocutory applications in the appeal are dismissed. (6) Any application for costs in respect of the interlocutory applications determined on 30 January 2023 and 21 February 2023, together with submissions and evidence in support of the application, is to be lodged with the Appeal Registry and given to the other party within 14 days of the publication of these orders. (7) Any submissions and evidence in response to any such costs application are to be lodged with the Appeal Registry and given to the other party within 28 days thereafter. (8) The Appeal Panel may dispense with a hearing and determine any application for costs on the basis of the written submissions and evidence provided. If the parties oppose this course they should make submissions on this issue when complying with the directions as to their submissions on the substantive costs application. Notation: Written reasons will be provided, noting oral reasons were given for most of the decisions today. In proceedings 2022/00036436: (1) The appellant's application to independently record the hearing is dismissed. (2) The appellant's applications that I recuse myself are dismissed. (3) The appeal is adjourned to a date to be fixed, not earlier than 28 days from the release to the parties of the written reasons for today's decisions. (4) Should the appellant seek to file any further application(s) in the appeal prior to the next date it is brought before the Appeal Panel, he must at the same time file a document, of no more than 5 pages, showing cause why the Appeal Panel should not dispense with a hearing of the application and summarily dismiss it as vexatious, oppressive or an abuse of process. Catchwords: PRACTICE AND PROCEDURE – Whether Tribunal member should give the Appellant leave to record the proceedings independently of the Tribunal – applications for recusal for bias – applications to refer questions of law to the Supreme Court Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Court Security Act 2005 (NSW) Cases Cited: Charisteas v Charisteas [2021] HCA 29 Citta Hobart Pty Ltd v Cawthorn [2022] HCA 16 Collier v Country Women's Association of New South Wales [2018] NSWCA 36 Ebner v Official Trustee in Bankruptcy [2000] HCA 63 Expense Reduction Analyst Group Pty Ltd v Armstrong Strategic Management Pty Ltd [2013] HCA 46 GR v The Secretary Department of Communities and Justice [2022] NSWSC 1029 Lombardi and Ryder [2021] FedCFamC2F 57; (2021) 64 Fam LR 103 Minister for Education and Early Childhood Learning v Zonnevylle [2020] NSWCA 232 New South Wales Land and Housing Corporation v Orr [2019] NSWCA 231 Zonnevylle v Secretary, Department of Education [2022] NSWCATAD 187 Zonnevylle v Secretary, Department of Education [2022] NSWCATAD 157 Zonnevylle v Secretary, Department of Education [2022] NSWCATAD 120 Zonnevylle v Secretary, Department of Education [2022] NSWCATAD 225 Zonnevylle v Secretary, Department of Education [2022] NSWCATAP 297 Zonnevylle v Secretary, Department of Education; Zonnevylle v Secretary, Department of Education [2023] NSWCATAP 53 Texts Cited: None cited Category: Procedural rulings Parties: Peter Zonnevylle (Appellant in each appeal) Secretary, Department of Education (Respondent in each appeal) Representation: Solicitors: Self-represented (Appellant) Crown Solicitor (Respondent) File Number(s): 2022/00036436; 2022/00196935 Publication restriction: Nil Decision under appeal Court or tribunal: Civil and Administrative Tribunal Jurisdiction: Administrative and Equal Opportunity Division Citation: [2021] NSWCATAD 361; [2022] NSWCATAD 187 Date of Decision: 03 December 2021 Before: S Higgins, Senior Member; M Griffin, Senior Member File Number(s): 2020/00045500; 2021/00337143