Reihana v Davern & Anor

[2015] QCA 42

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Jurisdictional error
4. › Failure to exercise jurisdiction
5. › Whether QCAT adjudicator failed to perform statutory function
6. › Whether failure to rule on aspect of relief amounted to jurisdictional error or mere oversight
7. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 156
8. › Judicial Review Act 1991 (Qld), Pt 3
1. Administrative Law
2. › Procedural fairness
3. › Right to be heard
4. › Whether tribunal denied applicant opportunity to present case
5. › Whether adjudicator 'commandeered' hearing
6. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 28(3)(a)
1. Administrative Law
2. › Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Conciliation process
5. › Statutory requirement for conciliation before hearing
6. › Whether application was 'urgent' so as to dispense with conciliation
7. › Residential Tenancies and Rooming Accommodation Act 2008 (Qld), ss 415, 416

Quick Take

A tribunal adjudicator's failure to rule on an aspect of relief that was not properly raised in the application, and which would have been pointless to grant, does not constitute jurisdictional error or a denial of procedural fairness. The scope of what is before a tribunal is determined by the proper construction of the application, not by informal exchanges during the hearing.