Lake v Hermann

[2026] QSC 193

Supreme Court of Queensland

Built by Barristers,
For Australian Law.

1. Administrative Law
1. Judicial Review
1. Reviewable Decisions and Conduct
1. where the Queensland Civil and Administrative Tribunal did not provide reasons for the decision

Where the QCAT Act expressly excludes the obligation to provide written reasons for a decision made under s 61(1) (extension or shortening of time limits), the Appeal Tribunal's failure to furnish reasons does not constitute jurisdictional error, denial of procedural fairness, or legal unreasonableness.
An inference of legal unreasonableness cannot be drawn from a decision-maker's failure to give reasons where there is no statutory obligation to do so, following Minister for Immigration and Citizenship v AMU19 [2026] FCAFC 29.
A refusal of an extension of time to appeal does not constitute a 'final decision' within the meaning of the QCAT Act, as it does not finally dispose of the proceeding, following Thompson v Raud [2015] QCA 193 and Stuart v Queensland Building and Construction Commission [2018] 1 Qd R 339.