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caselaw protocols

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Leroybrown View Drop Down
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Joined: 21/March/2017
Location: Australia
Posts: 1
  Quote Leroybrown Quote  Post ReplyReply Direct Link To This Post Topic: caselaw protocols
    Posted: 21/March/2017 at 11:54
Hi, can anyone tell me if an NCAT Tribunal Member can make a decision on a matter if the respondent is relying on caselaw from that actual Tribunal Member?

What I mean is:

A tribunal member makes a statement / decision for Matter 1.

In matter 2, the respondent refers to the case law quoted in matter 1 by the same Tribunal Member.

Is that allowable? Can a Tribunal Member make a decision based on his prior decision? Is that some kind of conflict of interest or procedural / jurisdictional error?

I am not a solicitor but in my world such a thing would be considered a conflict of interest at the minimum.

Thank you.

NotGuilty View Drop Down
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Joined: 19/February/2008
Location: ACT
Posts: 1136
  Quote NotGuilty Quote  Post ReplyReply Direct Link To This Post Posted: 20/April/2017 at 14:32
There is no conflict of interest whatsoever.

A tribunal member, magistrate or judge can use their previous decision to support their present decision.
This post does not constitute legal advice and cannot be relied upon.

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