› Whether preliminary views expressed by decision-maker constitute prejudgment
Administrative Law
› Judicial review
› Appeal on question of law from Administrative Appeals Tribunal
› Construction of Tribunal's reasons
› Whether reasons to be read fairly as a whole
› Administrative Appeals Tribunal Act 1975 (Cth), s 44
Evidence
› Admissibility
› Audio recordings of decision-maker's private conversations
› Whether public policy precludes admission
› Whether Wentworth v Rogers distinguishable
› Evidence Act 1995 (Cth), ss 55, 56
Quick Take
1Audio recordings of a tribunal member's private conversations during adjournments are admissible on an apprehended bias application where the content is not in dispute, distinguishing Wentworth v Rogers; however, a decision-maker's informal explanation of the issues to staff, even if expressing preliminary views favourable to a party, does not establish apprehended bias where there is no evidence the decision-maker's mind was closed to persuasion
2PAYG withholding credits are not 'tax offset refunds' within s 166(c) ITAA 1936 (as amended), and the AAT accordingly lacks jurisdiction to determine entitlement to PAYG credits on review of an objection decision against an income tax assessment
3The weight to be given to evidence of accountants retained after the relevant income year, whose testimony lacked particularity as to source documents and testing methodology, is a matter for the Tribunal; criticism of such weight assessments amounts to impermissible merits review on a s 44 appeal