Re His Worship Mr Calder Sm; Ex Parte Gardner

(1999) 20 WAR 525; [1999] WASCA 28

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Mining Law
2. › Warden's Court
3. › Jurisdiction and powers
4. › Whether Warden hearing exemption application sits as Warden's Court
5. › Distinction between Warden's Court and Warden 'in open court'
6. › Whether Local Court rules apply to Warden sitting in open court
7. › Mining Act 1978 (WA), ss 102(5), 132, 136
1. Mining Law
2. › Exemption from expenditure conditions
3. › Application under s 102
4. › Nature of Warden's function
5. › Whether recommendatory function is administrative or judicial
6. › Mining Act 1978 (WA), ss 102(5), 102(6), 102(7)
1. Administrative Law
2. › Distinction between judicial and administrative functions
3. › Inferior courts and administrative tribunals
4. › Whether body constitutes a court or administrative tribunal
5. › Significance of recommendatory power subject to ministerial decision
1. Practice and Procedure
2. › Discovery
3. › Whether discovery available in administrative proceedings before Warden
4. › Whether natural justice requires discovery
5. › Mining Act 1978 (WA), s 136

Quick Take

A Warden hearing an application for exemption from expenditure conditions under s 102 of the Mining Act 1978 (WA) is not sitting as a Warden's Court. The Local Court rules (including discovery) do not apply to such proceedings via s 136. The reference to 'the warden' at the end of s 132(1) does not extend Warden's Court jurisdiction to every function conferred on the warden by the Act. Natural justice does not require discovery in exemption proceedings.