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

Natural justice(12 results)

Reports matching this catchword classification

NICOL v ATTORNEY-GENERAL FOR THE STATE OF VICTORIAVR 353

STARKE, MURPHY and MARKS, JJ·24 Nov 1981·9p·

Administrative law - Natural justice - "Legitimate expectation" - Whether expiry of time limit for instituting prosecution without ministerial consent amounts to acquisition of legitimate expectation of not being prosecuted - Meaning of "decision" and "tribunal" - Administrative Law Act 1978 (No. 9234), s2 and s3 - Companies Act 1961 (No. 6839), s381(2).

Companies - Offences - Natural justice - Expiry of time limit for instituting prosecution without ministerial consent - Whether Minister to notify proposed defendant prior to consenting to bring action after expiry of time limit - Companies Act 1961 (No. 6839), s381(2).

FOOTSCRAY FOOTBALL CLUB LTD v COMMISSIONER OF PAY-ROLL TAX HAYES v COMMISSIONER OF PAY-ROLL TAX1 VR 505

LUSH J·7 Oct 1982·9p·

Administrative law - Statutory order for review - Persons and bodies amenable - Duty to give reasons - "Tribunal" - Commissioner of Pay-roll Tax - Whether Commissioner bound to accord natural justice before making an assessment - Administrative Law Act 1978 (No 9234), s2, s8 - Pay-roll Tax Act (No. 8154), s18.

Administrative law - Natural justice - Duty to accord - Displacement of statutory scheme - Pay-roll Tax Act 1971 (No 8154), s18, s32, s33.

O'ROURKE v MILLERVR 277

STARKE, MURPHY and O'BRYAN JJ·4 Oct 1983·30p·

Administrative law - Natural justice - Police constable on probation - Nature of appointment - Termination - Power of Chief Commissioner to terminate appointment - Matters to be taken into account - Right of constable to be heard and to cross-examine informant - Police Regulation Act 1958 (No. 6338), s8 - Police Regulations 1979, reg212.

Re LA TROBE UNIVERSITY; Ex parte WILDVR 447

VISITOR TO LA TROBE UNIVERSITY, HIS EXCELLENCY, THE GOVERNOR, THE REVEREND DOCTOR JD MCCAUGHEY·30 Apr 1986·13p·

La Trobe University - Petition seeking visitation and declaration by Visitor - Alleged plagiarism by professor - Whether plagiarism can constitute "gross misconduct" if resulting from carelessness or negligence - No moral culpability or intention to deceive - Form of charge - Whether necessary to state very element of charge in notice to professor - Statutes of La Trobe University, Statute 5.1.3 - La Trobe University Regulations, reg5.1(1).

Administrative Law - Natural justice - Disciplinary charge against professor - Form of charge - Whether necessary to state every element of charge in notice to professor - Statutes of La Trobe University, Statute 5.1.3 - La Trobe University Regulations, reg5.1(1).

UNIVERSITY OF MELBOURNE; Ex parte McGURKVR 586

VISITOR TO THE UNIVERSITY OF MELBOURNE, HIS EXCELLENCY, THE GOVERNOR, THE REVEREND DOCTOR JD MCCAUGHEY·22 Jul 1986·19p·

University of Melbourne - Petition seeking visitation and declaration by Visitor - Resolution of University Council that Statute be repealed - Whether adequate notice of proposal given to members of Council - Contents of notice - Statutes of the University of Melbourne, Statutes 2.1.4, 2.31. .

Administrative law - Natural justice - University Council - Resolution of Council that union board be abolished - Whether members of board given adequate hearing before abolition effected - Address by representative of board to Council - Circulation by board members of written submission before decision.

SIMJASE PTY LTD v CITY OF MELBOURNEVR 350

MCGARVIE J·6 Jul 1989·5p·

Administrative law - Natural justice - Decision by municipal council to refuse to make application for order under s8(2) of the Shop Trading Act 1987 - Whether council bound to accord natural justice to party requesting that application be made - "Tribunal" - Administrative Law Act 1978 (No 9234), s2, s3.

CORNALL v AB (A Solicitor)1 VR 372

ORMISTON , COLDREY and O'BRYAN , JJ·28 Jun 1994·37p·

Legal practitioners - Solicitor - Misconduct - Grossly excessive fees Investigation by Secretary of Law Institute - Reference of matter by Secretary for hearing by Registrar or Solicitors' Board - Secretary's opinion that there "appears to have been misconduct" - Prima facie case to be established - Legal Profession Practice Act 1958 (No 6291) s38Q, s84.

Administrative law - Natural justice - Whether procedural fairness required in investigation - Whether opinion formed without taking into account relevant factors - Whether opinion reasonable.

ANDRICCIOLA v ITALIAN COMMUNITY OF KEILOR ASSOCIATION INCORPORATED1 VR 421

BATT J·29 Sept 1995·15p·

Administrative law - Natural justice - Domestic tribunal - Right to a hearing - Bias - Association - Expulsion of member - Committee of management - Quorum - Doctrine of necessity - Validity of committee election - Whether court should exercise supervisory jurisdiction - Associations Incorporation Act 1981 (No 9713) s14A, s21.

MASTERS v McCUBBERY and ORS1 VR 635

WINNEKE P , ORMISTON and CALLAWAY JJA·27 Oct 1995·27p·

Administrative law - Natural justice - Medical panel - Opinion adopted as determination of court - Opinion affecting rights of a person - Whether panel required to accord procedural fairness - Whether panel a "tribunal" - Whether medical opinion a "decision" - Whether panel required to give reasons for opinion - Public policy considerations - Accident Compensation Act 1985 (No 10191) s45, s63, s125 - Administrative Law Act 1978 (No 9234) s2, s8.

P v CRIMES COMPENSATION TRIBUNAL2 VR 63

Hampel J·2 Aug 1996·5p·

Administrative law - Natural justice - Procedural fairness - Crimes compensation - Notification of application to alleged offender - Whether applicant entitled to be heard to oppose notification - Criminal Injuries Compensation Act 1983 (No. 9992) s. 7(7).

VIDOVICH v MILDURA RURAL CITY COUNCIL and Others2 VR 399

Brooking, Phillips and Buchanan JJA·15 Apr 1999·13p·

Administrative law - Natural justice - Bias - Reasonable apprehension of bias - Administrative Appeals Tribunal - Directions hearing in absence of respondents - Appeal - Question of law - Whether reasonable apprehension of bias a question of law - Town and country planning - Planning permit - Endorsed plans - Construction of plans - Whether permit conditional on keeping walkway open - Administrative Appeals Tribunal Act 1984 (No. 10155) s. 52 - Planning and Environment Act 1987 (No. 45) s. 149A - Planning Appeals Act 1980 (No. 9512) s. 30A.

B (A solicitor) v Victorian Lawyers RPA Ltd and Another6 VR 642

[2002] VSCA 404·(Court of Appeal) (2002) Ormiston, Charles and Batt JJA·13 Dec 2002·24p·

Legal practitioners - Solicitors - Disciplinary proceedings - Recognised professional association - Powers - Delegation - Complaint - Investigation - Legal Profession Tribunal - Jurisdiction - Laying of disciplinary charges - Purported delegation of power to lay charge - No formal instrument - Record in minute of meeting - Confirmation of minute - Whether charges validly laid by delegate - Requirement that delegation be "in writing" - Whether requirement satisfied by minute - Legal Practice Act 1996 (No 35) ss 151 313.

Administrative law - Natural justice - Procedural fairness - Bias - Right to be heard - Disciplinary proceedings - Legal practitioners - Solicitors - Complaint - Investigation - Practitioner given seven days to respond - History of detailed communications - Whether substance of allegations already well known - Legal Profession Tribunal - Spirited exchange concerning best way to conduct hearing - No objection - Attempt to raise bias on appeal - Waiver of objection.