Re Burton; Ex Parte Lowe & Anor

[2003] WASCA 306

Western Australia Court of Appeal

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Catchwords

1. Administrative Law
2. › Certiorari
3. › Natural justice
4. › Hearing rule
5. › Whether denial of natural justice occurred in hearing before Magistrate in Small Disputes Division of Local Court
6. › Whether errors of fact or law can be characterised as denial of natural justice
7. › Residential Tenancies Act 1987 (WA), s 26
1. Administrative Law
2. › Judicial review
3. › Privative clauses
4. › Scope of review limited to jurisdictional error and denial of natural justice
5. › Residential Tenancies Act 1987 (WA), s 26
6. › Local Courts Act 1904 (WA), s 106N
1. Administrative Law
2. › Natural justice
3. › Content of hearing rule
4. › Inquisitorial proceedings
5. › Whether informal procedure adopted by decision-maker satisfied requirements of procedural fairness
6. › Relevance of legislative framework to content of hearing rule

Quick Take

The content of the hearing rule in proceedings under the Residential Tenancies Act 1987 (WA) must be assessed by reference to the informal, inquisitorial nature of the Small Disputes Division, and complaints about the Magistrate's findings of fact or law cannot be recharacterised as denials of natural justice to circumvent the privative clause in s 26. Inadequacy of reasons alone does not constitute a denial of natural justice under s 26.