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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.
|Quote Reply 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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