BDC v Victims Compensation Fund Corporation [2015] NSWCATAD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: BDC v Victims Compensation Fund Corporation [2015] NSWCATAD 99 Hearing dates: On the papers Decision date: 14 May 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: P Molony, Senior Member Decision: 1. Extension of time in which to bring an application to vary the previous decision of the Tribunal granted.

2. The decision and order of the Tribunal made 10 December 2014 in BDC v Victims Compensation Fund Corporation is varied as set out in paragraphs 48 and 49 of this decision. Catchwords: Administrative Review – application to vary a decision of the Tribunal – clause 9 of the Civil and Administrative Tribunal Regulation 2013 – original determination on papers – applicant not present and given procedures adopted not given a reasonable opportunity to be heard on issue of law – decision contains error of law – application to vary decision granted. Legislation Cited: Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Regulation 2013 Victims Rights and Support Act 2013 Victims Support and Rehabilitation Act 1996 Victims Rights and Support Regulation 2013 Cases Cited: Autodesk Inc v Dyason No 2 [1993] HCA 6 Bersich v Quinlan Bulk Pty Ltd [2014] NSWCATAP 5 Hammond v Ozzy's Cheapest Cars Pty Ltd t/as Ozzy Car Sales [2015] NSWCATAP 65 at [64 Jackson v NSW Land and Housing Corporation [2014] NSWCATAP 22 McWilliam and Civil Aviation Authority [2005] AATA 1148 Minister for Immigration & Multicultural Affairs v Bhardwaj [2002] HCA 11; (2002) 187 ALR 117 Victims Compensation Fund Corporation v GM & 5 Ors [2004] NSWCA 185 Texts Cited: Robert Orr and Robyn Briese, Don't think twice? Can Administrative Decision Makers Change Their Mind? AIAL FORUM No. 35 Margaret Allars, Perfected Judgments and Inherently Angelical Administrative Decisions: The Powers of Court and Administrators to Re-open or Reconsider their Decisions, AIAL Forum No 30 Category: Procedural and other rulings Parties: Victims Compensation Fund Corporation (Applicant) BDC (Respondent) Representation: Solicitors: Victims Compensation Fund Corporation (Applicant) Marsdens Law Group (Respondent) File Number(s): 137337 Publication restriction: Pursuant to subsection 64(1) of the Civil and Administrative Tribunal Act 2013, the name of the applicant and the name of the any other person that would identify the name of the applicant is not to be published or broadcasted without the leave of the Tribunal