Recent Cases

Transcon Holding Pty Ltd v Aged Care Quality and Safety Commissioner [2023] FCAFC 60 (24 April 2023) (Perry, Meagher and Kennett JJ)


ADMINISTRATIVE LAW – appeal against decision of the Administrative Appeals Tribunal affirming decision to revoke applicant’s approval as a provider of aged care pursuant to s 10-3(1) of the Aged Care Act 1997 (Cth) – where Tribunal found applicant had ceased to be suitable for approval by reference to criteria in s 8-3 – whether Tribunal erred in not proceeding under sanction provisions in Part 4.4 – consideration of role of statutory objects – whether “evidential onus” had been imposed on applicant by Tribunal – adequacy of Tribunal’s reasons – whether Tribunal’s findings unsupported by evidence or contradictory – appeal dismissed with costs