Home | © 2018 GA Publishing Mosman Sydney for legal practitioners

Privative clause

"19 Decisions of the Commission are subject to a privative clause precluding challenge by way of review, quashing or calling into question, otherwise than as provided by the Workplace Injury Act itself: s 350.

In accordance with established authority, that provision would not preclude challenge for jurisdictional error as it does not protect a purported, but invalid, decision: see Plaintiff S157/2002 v The Commonwealth [2003] HCA 2; 211 CLR 476.

"However, the appeal provided under s 353, in point of law, is a sufficient basis for challenge for legal error and no further reference to review under s 69 is required."

from Basten JA in Tan v National Australia Bank Ltd [2008] NSWCA 198. Basten JA, Bell JA simply agreeing, & Young CJ in Eq agreeing in separate reasons. 21.08.08.

Previous page: Principal place of business     Next page: Privilege, legal professional

© 2018 GA Publishing Mosman Sydney | piets/wcms | Account

Common Law Monthly Summaries

12 editions $385 incl GST

Subscribe Sample