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The Law of Tribunals

The Law of Tribunals

Annotated Civil and Administrative Tribunal Act 2013 (NSW)

By John Levingston

CONTENTSREVIEWS

This is a practical book about the law governing practice and procedure in Tribunals with annotations on the Civil and Administrative Tribunal Act 2013 (NSW).

Tribunals exercise administrative, curial and inquisitorial powers and are playing a greater role in the administration of justice in Australia for resolving administrative and civil disputes than ever before. This has resulted in the consolidation of the many tribunals in the States and Territories into large 'super tribunals' covering the field of administrative disputes between citizens and government, civil disputes between citizens, and supervisory, disciplinary and protective matters concerning protection of the community and individuals.

Designed with ease of use in mind, this book includes:

  • commentary on the law of tribunals;
  • annotated versions of the Civil and Administrative Tribunal Act 2013 (NSW) and the Civil and Administrative Tribunal Rules 2014 (NSW);
  • a comparative table highlighting corresponding sections of legislation for the tribunals in the various States and Territories.

CONTENTS

Foreword by the Hon Justice Robertson Wright, President, NSW Civil and Administrative Tribunal
Acknowledgements
Author’s Note
About This Book
Table of Cases
Table of Statutes
Comparative Table of Legislation

PART A: INTRODUCTION

A.1     Classification of tribunals
A.2    Nature of tribunal proceedings
A.3    Jurisdiction
A.4    Discretion
A.5    Principle of finality and estoppel
A.6    Jurisdictional error
A.7    Conduct of the parties in tribunals
A.8    Consumer claims
A.9    Procedural fairness
A.10  Evidence
A.11   Privilege
A.12   Self-incrimination privilege
A.13   Abuse of process
A.14   Damages
A.15   Interim relief
A.16   Views, photos and video tapes

PART B: CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 (NSW)

Sections and annotations
          Part 1: Preliminary
          Part 2: Establishment of Tribunal
          Part 3: Jurisdiction of Tribunal
          Part 4: Practice and procedure
          Part 5: Enforcement
          Part 6: Appeals
          Part 7: Miscellaneous
B.S1  Schedule 1: Savings, transitional and other provisions
B.S2  Schedule 2: Provisions relating to members
B.S3  Schedule 3: Administrative and Equal Opportunity Division
B.S4  Schedule 4: Consumer and Commercial Division
B.S5  Schedule 5 : Occupational Division
B.S6  Schedule 6: Guardianship Division
B.S7  Schedule 7: Examples of procedural rule-making powers

PART C: CIVIL AND ADMINISTRATIVE TRIBUNAL REGULATION 2013 (NSW)

Clauses and annotations
           Part 1: Preliminary
           Part 2: Fees and witness allowances and expenses
           Part 3: Miscellaneous
C.S1   Schedule 1: Resolution processes
C.S2  Schedule 2: Fees

PART D: CIVIL AND ADMINISTRATIVE TRIBUNAL RULES 2014 (NSW)

Rules and annotations
           Part 1: Preliminary
           Part 2: Time
           Part 3: Electronic case management
           Part 4: Service
           Part 5: Documentation
           Part 6: Commencement of proceedings
           Part 7: Parties to proceedings and representation
           Part 8: Conduct of proceedings
           Part 9: Determination of proceedings
           Part 10: Functions of registrars
           Part 11: Miscellaneous

PART E: PROCEDURAL DIRECTIONS

E.1    All NCAT proceedings
E.2   Administrative and Equal Opportunity Division
E.3   Consumer and Commercial Division
E.4   Guardianship Division
E.5   Occupational Division

PART F: GUIDELINES

PART G: ANNOTATIONS TO CONSUMER, TRADER AND TENANCY TRIBUNAL ACT 2001 (NSW)

Index


REVIEWS

This book is an invaluable guide for the busy practitioner. While its emphasis is obviously the NSW legislation, it has a handy overall cover of the other states and the federal tribunals.
         The key to any well-written practice, is a good index, a clear paragraphing system, and a coverage of the major issues likely to confront both the experienced lawyer and the novice. The use of relevant case law, both to refine the nuances of the legislation and to set out clearly its full effect, is also vital. I think this book will be of great assistance to the practitioner. … great assistance to the practitioners who are required to provide advice to clients on the tribunal, its powers and its processes. It would be a valuable resource in any law library. Read review...

Frank Holles, Bar News, NSW Bar Association, Summer 2016

[The book] will be of most interest to our readers in New South Wales, of which there are many. It is unashamedly a practitioner’s text and one which ought to be or to become familiar to all who practice in the jurisdiction. Its shape is taken from the Civil and Administrative Tribunal Act which is only natural. It is well researched with substantial references to many modern cases dealing with the issues which arise in NCAT. It avoids being too parochial and many of the references are to other jurisdictions (both State and Federal) where the same issues arise under cognate legislation. It is a very useful and practical handbook. It will no doubt be the template for other publications for other jurisdictions.

Queensland Law Reporter 22 July 2016 [2016] 28 QLR

The Civil and Administrative Tribunal of New South Wales (NCAT) commenced on 1 January 2014. NCAT brought together 22 previously existing tribunals and bodies into one multi-jurisdictional tribunal with four divisions and its own internal appeal mechanism.
          It is accordingly timely that Mr Levingston, a member of NCAT who has had a long association with that tribunal and with its predecessor, the NSW Consumer, Trader and Tenancy Tribunal (CTTT), should write this work. It is dedicated to providing the reader with first, an understanding of the nature of tribunals, their jurisdiction and the conduct of proceedings and, second and importantly from the perspective of the practitioner, provides annotated versions of the Civil and Administrative Tribunal Act 2013 (NSW) and the Civil and Administrative Tribunal Rules 2014 (NSW).
         Given the workload of NCAT, it is quickly developing its own jurisprudence. The author seeks to capture the authorities as they relate to various aspects of the work and responsibilities of NCAT. The annotations are clear and can easily be digested.
         It is an essential accompaniment to anyone appearing before NCAT.

Anthony Lo Surdo, Australian Banking and Finance Law Bulletin & Financial Services Newsletter, July 2016

The Law of Tribunals is a wise purchase for practitioners, and self-represented parties would also benefit from obtaining access to a copy. I eagerly await future editions. Read review...

Gemma McKinnon, AJ Admin L, (2016) 23

   

Published 8 April 2016
Publisher The Federation Press
Paperback/400pp
ISBN 9781862879782
Australian RRP $145.00
International Price $135.00
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