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VolumeNameCatchwordsRecent Reports

Catchwords are the way in which we classify reports into a consistent taxonomy.

Error of law(2 results)

Reports matching this catchword classification

Macedon Ranges Shire Council v Romsey Hotel Pty Ltd and Another19 VR 422

[2008] VSCA 45·(Court of Appeal) (2008) Warren CJ, Maxwell P and Osborn AJA·19 Mar 2008·27p·

Administrative law - Judicial review - Error of law - Relevant considerations - Failure to take into account - Gambling regulation - Electronic gaming machines - Approval of premises - Hotel - Victorian Civil and Administrative Tribunal - Review of decision of Victorian Commission for Gambling Regulation - Commission refusing approval - Statutory no net detriment test - Commission's duty to inquire - Public participation in primary decision-making - Survey evidence of local community opposition to approval - Tribunal setting decision aside and granting approval - Tribunal failing to take community opposition into account - "Net economic and social impact of approval" - "Detrimental to the wellbeing of the community" - Gambling Regulation Act 2003 (No 114) s 3.3.7.

Administrative law - Merits review - Victorian Civil and Administrative Tribunal - Primary decision-maker - Misapprehension of role - Entitlement to support own decision - Participation in tribunal review - Obligations - Duty to assist in review proceedings - Victorian Civil and Administrative Tribunal Act 1998 (No 53) ss 49(1) 59

Shields v Overland and Another26 VR 303

[2009] VSC 550·Kyrou J·3 Dec 2009·32p·

Administrative law - Judicial review - Jurisdictional error - Police Appeals Board - Review function - Characterisation - Unique features - Limited merits review - Chief Commissioner of Police - Dismissal of member of force - Review of dismissal order - Whether commissioner's decision not sound, defensible or well-founded - Appeals Board misconstruing its function - Failure to perform statutory duty - Decision quashed - Police Regulation Act 1958 (No 6338) ss 68B 68C 68D 68E 68F.

Administrative law - Judicial review - Error of law - Procedural fairness - Police Appeals Board - Review function - Refusal of leave to adduce new evidence - Receipt of ex parte communications - Police Regulation Act 1958 (No 6338) Pt V, Div 3.

Police - Employment and discipline - Integrity of members - Prevention of loss of community confidence - Chief Commissioner's power to dismiss member of force - Police Regulation Act 1958 (No 6338) Pt IV, Div 1.