Practice Note CM 21

J L B Allsop, Chief Justice 04 June 2013

This Practice Note is REVOKED

On 25 October 2016, as part of the National Court Framework reforms, all existing practice documents were revoked and new national practice notes were issued, effective immediately.

To assist Court users to understand these practice note changes, the Court has prepared:

Title of proceedings for relief under Section 39B of the Judiciary Act 1903 (Cth) or Section 5 Administrative Decisions (Judicial Review) Act 1977 (Cth) against Commonwealth Tribunals

RTF version (37.7 kb)

Practice Note CM 21 issued on 17 February 2012 is revoked and the following Practice Note is substituted.

1. This Practice Note applies to any proceeding:

  • in which relief is claimed under section 39B of the Judiciary Act 1903 or under sections 5, 6 or 7 of the Administrative Decisions (Judicial Review) Act 1977 against the Administrative Appeals Tribunal in relation to decisions, actions or alleged errors or failures to act of a member or members of that Tribunal; or
  • in which relief is claimed under section 39B of the Judiciary Act 1903 or under sections 5, 6 or 7 of the Administrative Decisions (Judicial Review) Act 1977 against the National Native Title Tribunal or Native Title Registrar in relation to decisions, actions or alleged errors or failures to act of:
    • a member or members of that Tribunal; or
    • the Native Title Registrar or of a Deputy Registrar of the Tribunal or a member of staff assisting the Tribunal when exercising powers delegated to them under section 99 of the Native Title Act 1993;  or
  • in which relief is claimed under section 39B of the Judiciary Act 1903 against the Migration Review Tribunal or the Refugee Review Tribunal in relation to decisions, actions or alleged errors or failures to act of a member or members of the relevant Tribunal; or
  • in which relief is claimed under section 39B of the Judiciary Act 1903 or under sections 5, 6 or 7 of the Administrative Decisions (Judicial Review) Act 1977 against the Superannuation Complaints Tribunal in relation to decisions, actions or alleged errors or failures to act of the Chairperson or Deputy Chairperson of that Tribunal, or of a member of the staff of that Tribunal authorised under section 59 of the Superannuation (Resolution of Complaints) Act 1993 to exercise the relevant powers.

2. In any such proceeding:

(a) against the Administrative Appeals Tribunal:

(i) each party bringing the application should be named as the first applicant, second applicant and so on respectively;

(ii) each of the other parties to the proceeding before the Administrative Appeals Tribunal should be named as the first respondent, second respondent and so on respectively;

(iii) the Administrative Appeals Tribunal should be named as the last respondent; and

(iv) the names of the President, Presidential Members, Deputy Presidents, Senior Members or Members of the Administrative Appeals Tribunal should not appear in the title of the proceeding; or

(b) against the National Native Title Tribunal or Native Title Registrar:

(i) each party bringing the application should be named as the first applicant, second applicant and so on respectively;

(ii) each of the other parties to the proceeding before the National Native Title Tribunal or the Native Title Registrar should be named as the first respondent, second respondent and so on respectively;

(iii) the National Native Title Tribunal or the Native Title Registrar should be named as the last respondent; and

(iv) the names of the President, Deputy President, Member or Members of the National Native Title Tribunal, the Native Title Registrar, a Deputy Registrar of the Tribunal or member of staff assisting the Tribunal should not appear in the title of the proceeding.

(c) against the Migration Review Tribunal or Refugee Review Tribunal:

(i) each party bringing the application should be named as the first applicant, second applicant and so on respectively;

(ii) each of the other parties to the proceeding before the relevant Tribunal should be named as the first respondent, second respondent and so on respectively;

(iii) the relevant Tribunal should be named as the last respondent; and

(iv) the names of the Principal Member, Deputy Principal Member, Senior Members or Members of the relevant Tribunal should not appear in the title of the proceeding; or

(d) against the Superannuation Complaints Tribunal:

(i) each party bringing the application should be named as the first applicant, second applicant and so on respectively;

(ii) the Superannuation Complaints Tribunal should be named as the first respondent;

(iii) each of the other parties to the proceeding before the Superannuation Complaints Tribunal (including a trustee, insurer, RSA provider, superannuation provider or other decision-maker) should be named as the second respondent, third respondent and so on respectively; and

(iv) the names of the Chairperson, Deputy Chairperson or member of the staff of that Tribunal authorised under section 59 of the Superannuation (Resolution of Complaints) Act 1993 to exercise the relevant powers should not appear in the title of the proceeding.

 

J L B ALLSOP
Chief Justice
4 June 2013