Federal Court. Is the materiality test question whether the result, in the absence of error, was inevitable? In assessing materiality, would a court be usurping the statutory task entrusted to the decision-maker if it formed its own view as to what the result should have been in the absence of error?
Some of the questions to the Federal Court (FCA) were as follows:
Question 1: Is the materiality test question whether the result, in the absence of error, was inevitable?
Question 2: In assessing materiality, would a court be usurping the statutory task entrusted to the decision-maker if it formed its own view as to what the result should have been in the absence of error?
The FCA answered those questions as follows: