‘Change of circumstance’ under s 116(1)(a)
According to the majority, ‘s 116(1)(a) is properly construed as referring to a state of affairs as distinct from a legal characterisation of a state of affairs’ .
Jurisdictional error in simple English
According to the majority, jurisdictional error consists of a material breach of a condition of the exercise of a decision-making power. ‘Ordinarily... breach of a condition cannot be material unless compliance with the condition could have resulted in the making of a different decision'.