Federal Court. Does the rule in Browne v Dunn apply to the Tribunal in the General Division? Does the concept of materiality of an error for the purpose of judicial review under s 75(v) of the Constitution apply to errors of law under s 44 of the AAT Act?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Does the rule in Browne v Dunn apply to the Tribunal in the General Division?
Question 2: Does the concept of materiality of an error for the purpose of judicial review under s 75(v) of the Constitution apply to errors of law under s 44 of the AAT Act?
The FCA answered those questions as follows:
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