Gapes v Magistrate Baldwin & Ors

[2022] QCA 191

Queensland Court of Appeal

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Interrogate

Catchwords

1. Administrative Law
2. › Judicial review
3. › Statutory orders of review
4. › Exclusion of judicial review for tribunal decisions
5. › Whether statutory orders of review available for QCAT decisions
6. › Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 156
7. › Judicial Review Act 1991 (Qld), ss 13, 15(4)
1. Administrative Law
2. › Tribunals
3. › Queensland Civil and Administrative Tribunal
4. › Decisions in residential tenancy disputes
5. › Appeal rights under QCAT Act
6. › Whether interests of justice require use of statutory appeal rights rather than judicial review
1. Appeal
2. › Leave to appeal
3. › Judicial Review Act 1991 (Qld), s 15(4)
4. › Whether interests of justice served by granting leave
5. › Whether appeal could have any different result

Quick Take

Section 156 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) excludes Part 3 of the Judicial Review Act 1991 (Qld) from QCAT decisions absent jurisdictional error. Parties aggrieved by QCAT decisions should use the statutory appeal mechanisms under the QCAT Act rather than seeking judicial review of individual decision-makers.

Case Details

Citation[2022] QCA 191

CourtQCA

JurisdictionQueensland

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