Returned & Services League of Australia (Victoria Branch) Inc (Pascoe Vale Sub Branch) v Liquor Licensing Commission & Anor

[1999] VSCA 37

Victorian Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Certiorari
4. › Grounds for relief
5. › Distinction between jurisdictional error and error of law on the face of the record
6. › When error is 'jurisdictional'
7. › Whether tribunal's exercise of power thereby affected
8. › Liquor Control Act 1987 (Vic), ss 28(1)(e), 48(2)(a), (4), 72, 74, 105
1. Administrative Law
2. › Judicial review
3. › Certiorari
4. › Content of the record
5. › Whether reasons for decision of subordinate decision-maker form part of the record
6. › Administrative Law Act 1978 (Vic), s 10
1. Administrative Law
2. › Judicial review
3. › Certiorari
4. › Procedural fairness
5. › Exclusion of party from hearing
6. › Whether exclusion occasioned prejudice
7. › Waiver by failure to challenge ruling
1. Administrative Law
2. › Statutory discretion
3. › Exercise of discretion to excuse non-compliance with time limits
4. › Whether satisfactory explanation for delay is a pre-condition
5. › Whether absence of finding of prejudice constitutes error of law
6. › Liquor Control Act 1987 (Vic), ss 28(1)(e), 74(1)

Quick Take

The case confirms that the essential inquiry in certiorari proceedings is to identify the task committed by Parliament to the decision-making body; error in deciding a matter so committed does not constitute jurisdictional error unless the body's exercise of power is thereby affected. The 'record' for error of law on the face of the record, as extended by s 10 of the Administrative Law Act 1978 (Vic), includes only the reasons of the body whose decision is under challenge, not those of a subordinate decision-maker except to the extent necessary to understand the reviewing body's reasons.