› Whether ground reasonably arguable on stay application
› Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337
Administrative Law
› Procedural fairness
› Proceeding in absence of party
› Party's deliberate decision not to attend hearing
› Whether denial of natural justice
› Tasmanian Civil and Administrative Tribunal Act 2020 (Tas), s 83(3)(g)
Practice and Procedure
› Evidence
› Use of generative artificial intelligence
› AI-generated materials
› Weight to be given to AI-generated documents lacking corroborative documentation
Quick Take
1Where an applicant deliberately chose not to attend a tribunal hearing and communicated that decision in advance, a ground of appeal alleging denial of procedural fairness by proceeding in the applicant's absence has no real prospect of success on the facts.
2[name withheld] professional roles of a tribunal member in related but distinct capacities within the same regulatory framework do not, without more, establish the logical connection required by the Ebner/Sunshineloans three-step test for apprehended bias — particularly where no actual knowledge of or contact with the subject complaint is alleged.
3Materials generated by artificial intelligence that are not reliably supported by corroborative documentation will be given little or no weight by the court.
