NSW Caselaw
Appeal Panel - Internal
CITATION: Department of Justice and Attorney General v AY (GD) [2010] NSWADTAP 17
APPELLANT Department of Justice and Attorney General
RESPONDENT AY PARTIES: APPELLANT Department of Education and Training
RESPONDENT AY
FILE NUMBER: 099068; 099069
HEARING DATES: 27 January 2010
SUBMISSIONS CLOSED: 27 January 2010
DATE OF DECISION: 23 March 2010
BEFORE: O'Connor K - DCJ (President)
CATCHWORDS: Representation – Agent not a legal practitioner – Leave to Appear – Relevant considerations – Appeal allowed – Leave to Appear Refused – Administrative Decisions Tribunal Act 1997, s 71 – Administrative Decisions Tribunal Rules 1998, cl 20A
DECISION UNDER APPEAL: AY v Attorney General's Department of NSW [2009] NSWADT 264; AY v Department of Education and Training [2009] NSWADT 265
FILE NUMBER UNDER APPEAL: 093128; 093129
DATE OF DECISION UNDER APPEAL: 10/13/2009
Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Administrative Decisions Tribunal Rules 1998 Privacy and Personal Information Protection Act 1998
Adam P Brown Male Fashions v Philip Morris Inc (1981) 148 CLR 170 Australian Coal and Shale Employees' Federation v Commonwealth (1953) 94 CLR 621 AY v Attorney General's Department [2009] NSWADT 264 Damjanovic v Maley [2002] NSWCA 230; (2002) 55 NSWLR 149 Director-General, Dept of Ageing, Disability and Home Care v Lambert [2009] NSWCA 102 Giannarelli v Wraith [1988] HCA 52; (1988) 165 CLR 543 House v R [1936] HCA 40; (1936) 55 CLR 499 In re the Will of Gilbert (dec'd), (1946) 46 SR (NSW) 318; 63 WN (NSW) 176 LN v Sydney South West Area Health Service (GD) [2010] NSWADTAP 16 CASES CITED: Mace v Murray (1955) 92 CLR 370 Mahenthirarasa v State Rail Authority (no 2) [2008] NSWCA 201 Paragon Finance plc v Noueri (Practice Note) [2001] 1 WLR 235 Rajski v Scitec Corporation Pty Ltd, NSWCA, 16 June 1986, unreported Shirley v Director General, Department of Education and Training [2009] NSWADT 140 Shirley v Director-General, Department of Education and Training (No. 2) [2009] NSWADT 235 Teese v State Bank of New South Wales [2002] NSWCA 219 Vice-Chancellor, University of NSW v Curtin [2006] NSWADT 271 Western Australia v Ward (1997) 76 FCR 492 Wongatha People v State of Western Australia [2002] FCA 871
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