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The Law of Tribunals

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Table of Contents

Foreword by the Hon Justice Robertson Wright, President, NSW Civil and Administrative Tribunal Acknowledgements Author's Note About This Book Table of Cases Table of Statutes Comparative Table of Legislation PART A: INTRODUCTION A.1 Classification of tribunals A.2 Nature of tribunal proceedings A.3 Jurisdiction A.4 Discretion A.5 Principle of finality and estoppel A.6 Jurisdictional error A.7 Conduct of the parties in tribunalsA.8 Consumer claims A.9 Procedural fairness A.10 Evidence A.11 Privilege A.12 Self-incrimination privilege A.13 Abuse of process A.14 Damages A.15 Interim reliefA.16 Views, photos and video tapes PART B: CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 2013 (NSW) Sections and annotations Part 1: Preliminary Part 2: Establishment of Tribunal Part 3: Jurisdiction of Tribunal Part 4: Practice and procedure Part 5: Enforcement Part 6: Appeals Part 7: Miscellaneous B.S1 Schedule 1: Savings, transitional and other provisions B.S2 Schedule 2: Provisions relating to members B.S3 Schedule 3: Administrative and Equal Opportunity Division B.S4 Schedule 4: Consumer and Commercial Division B.S5 Schedule 5 : Occupational Division B.S6 Schedule 6: Guardianship Division B.S7 Schedule 7: Examples of procedural rule-making powers PART C: CIVIL AND ADMINISTRATIVE TRIBUNAL REGULATION 2013 (NSW) Clauses and annotations Part 1: Preliminary Part 2: Fees and witness allowances and expenses Part 3: Miscellaneous C.S1 Schedule 1: Resolution processes C.S2 Schedule 2: Fees PART D: CIVIL AND ADMINISTRATIVE TRIBUNAL RULES 2014 (NSW) Rules and annotations Part 1: Preliminary Part 2: Time Part 3: Electronic case management Part 4: Service Part 5: Documentation Part 6: Commencement of proceedings Part 7: Parties to proceedings and representation Part 8: Conduct of proceedings Part 9: Determination of proceedings Part 10: Functions of registrars Part 11: Miscellaneous PART E: PROCEDURAL DIRECTIONS E.1 All NCAT proceedings E.2 Administrative and Equal Opportunity Division E.3 Consumer and Commercial Division E.4 Guardianship Division E.5 Occupational Division PART F: GUIDELINES PART G: ANNOTATIONS TO CONSUMER, TRADER AND TENANCY TRIBUNAL ACT 2001 (NSW) Index


About the Author

John Levingston has taught international trade law at several institutions and has held academic appointments as an Adjunct Professor of Law at the Centre for Customs and Excise Studies, University of Canberra; and Conjoint Professor of Law at the University of Newcastle, NSW where he taught Maritime and International Trade Law.


This book is an invaluable guide for the busy practitioner. While its emphasis is obviously the NSW legislation, it has a handy overall cover of the other states and the federal tribunals. The key to any well-written practice, is a good index, a clear paragraphing system, and a coverage of the major issues likely to confront both the experienced lawyer and the novice. The use of relevant case law, both to refine the nuances of the legislation and to set out clearly its full effect, is also vital. I think this book will be of great assistance to the practitioner. ... great assistance to the practitioners who are required to provide advice to clients on the tribunal, its powers and its processes. It would be a valuable resource in any law library. Read review... - Frank Holles, Bar News, NSW Bar Association, Summer 2016 [The book] will be of most interest to our readers in New South Wales, of which there are many. It is unashamedly a practitioner's text and one which ought to be or to become familiar to all who practice in the jurisdiction. Its shape is taken from the Civil and Administrative Tribunal Act which is only natural. It is well researched with substantial references to many modern cases dealing with the issues which arise in NCAT. It avoids being too parochial and many of the references are to other jurisdictions (both State and Federal) where the same issues arise under cognate legislation. It is a very useful and practical handbook. It will no doubt be the template for other publications for other jurisdictions. - Queensland Law Reporter - 22 July 2016 - [2016] 28 QLR The Civil and Administrative Tribunal of New South Wales (NCAT) commenced on 1 January 2014. NCAT brought together 22 previously existing tribunals and bodies into one multi-jurisdictional tribunal with four divisions and its own internal appeal mechanism. It is accordingly timely that Mr Levingston, a member of NCAT who has had a long association with that tribunal and with its predecessor, the NSW Consumer, Trader and Tenancy Tribunal (CTTT), should write this work. It is dedicated to providing the reader with first, an understanding of the nature of tribunals, their jurisdiction and the conduct of proceedings and, second and importantly from the perspective of the practitioner, provides annotated versions of the Civil and Administrative Tribunal Act 2013 (NSW) and the Civil and Administrative Tribunal Rules 2014 (NSW). Given the workload of NCAT, it is quickly developing its own jurisprudence. The author seeks to capture the authorities as they relate to various aspects of the work and responsibilities of NCAT. The annotations are clear and can easily be digested. It is an essential accompaniment to anyone appearing before NCAT. - Anthony Lo Surdo, Australian Banking and Finance Law Bulletin & Financial Services Newsletter, July 2016 The Law of Tribunals is a wise purchase for practitioners, and self-represented parties would also benefit from obtaining access to a copy. I eagerly await future editions. Read review... - Gemma McKinnon, AJ Admin L, (2016) 23

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