TAJ (costs) [2023] QCAT 133

Date: 12 April 2023
Tribunal: Queensland Civil and Administrative Tribunal
Tribunal Member: Member Gordon
Human Rights Act 2019 (Qld) Sections: N/A
Rights Considered: N/A
Other Legislation: Guardianship and Administrative Act 2000 (Qld) s 127; Power of Attorney Act 1998 (Qld) s 125; Queensland Civil and Administrative Tribunal Act 2009 (Qld) ss 3(c), 3(d), 4(h), 107(1)
Keywords: Civil Procedure, Costs, Health, Mental Health, Guardianship

This case related to a decision about costs in a remitted hearing. In considering whether the Tribunal was bound to follow the doctrine of precedent, Member Gordon was prompted to consider whether the Tribunal was exercising judicial functions or administrative functions. The Tribunal considered that where a tribunal acts in an administrative capacity, it is less likely that the doctrine of precedent would apply. Member Gordon noted that the Human Rights Act 2019 (Qld) had prompted the Tribunal to consider when it is acting in an administrative capacity rather than judicial capacity but made no further reference to the legislation.

View the judgement: TAJ (costs) [2023] QCAT 133