Lawrie v Lawler

[2016] NTCA 3

NT Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Procedural fairness
4. › Inquiry under statute
5. › Obligation to notify parties of proposed adverse findings
6. › Sufficiency of notice
7. › Degree of precision required
8. › Whether notice of issues sufficient or notice of specific adverse findings required
9. › Inquiries Act 1945 (NT), s 4A
1. Administrative Law
2. › Judicial review
3. › Procedural fairness
4. › Waiver
5. › Whether conduct of party and lawyers amounted to waiver of right to procedural fairness
6. › Whether strategy to disengage from inquiry constituted abandonment of right to be heard
7. › Requirements for waiver of procedural fairness rights
1. Practice and Procedure
2. › Parties
3. › Joinder
4. › Non-party seeking to intervene in appeal
5. › Adverse findings affecting reputation
6. › Whether non-party bound by judgment or order
7. › Whether interest in reputation sufficient to ground joinder
8. › Supreme Court Rules 1987 (NT), r 85.11(2)
1. Practice and Procedure
2. › Apprehended bias
3. › Recusal
4. › Judge's spouse employed in government department arranging legal representation for party
5. › Whether fair-minded lay observer might reasonably apprehend judge might not bring impartial mind to resolution of question

Quick Take

Practitioners advising commissioners conducting statutory inquiries should ensure that specific notice of proposed adverse findings is given to affected parties before publication, and that mere notice of 'issues' under investigation is insufficient where serious adverse findings are contemplated.