Rintoul v Qld & Ors

[2015] QCA 79

Queensland Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Self-executing orders
5. › Dismissal for non-compliance with directions
6. › Whether Tribunal had power to waive non-compliance after self-executing order took effect
7. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 61(1)(c), s 62(1), s 127(b)
1. Practice and Procedure
2. › Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Relief from procedural requirements
5. › Extension of time after expiry
6. › Whether requirement imposed by Tribunal order was a 'procedural requirement under this Act'
7. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 61(1)(c)
8. › Acts Interpretation Act 1954 (Qld), Sch 1
1. Practice and Procedure
2. › Self-executing orders
3. › Power to extend time after self-executing order takes effect
4. › Whether remedial power to extend time applies notwithstanding that self-executing order for dismissal has taken effect

Quick Take

Section 61(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) empowers the Tribunal to waive compliance with procedural requirements imposed by Tribunal orders (not only those directly imposed by the Act or enabling legislation), even after the time for compliance has passed and a self-executing order for dismissal has taken effect. The extended definition of 'under' in Schedule 1 of the Acts Interpretation Act 1954 (Qld) broadens the scope of 'procedural requirement under this Act' to include requirements imposed 'in accordance with' the Act.