Error of law
#48585 (In Topic #7970)
One of my aat cases had it sent back to ssat on error of law. From my understanding - and im not a solicitor etc - in laymans terms - the ssat decided themselves that if a party didnt answer the phone or was uncontactable, that they had the right to continue without that party present according to the ssat legislation. However federal court judge ruled that the ssat legislation is overwritten by a higher legislation and that ssat hearing members were not legally allowed to do this. Also the definition of who is ssat came into play - it isnt the members that are hearing the case - it is one member at the head of the tree. So legally ssat members cannot make decisions based on their legislation - it can only come from the person at the top of the tree. So in the situation of someone not answering or responding on the day, the Ssat members have to get in writing approval from the top of the tree to proceed as the other legislstion takes precedence over ssat. So technically everyone can just not bother attending ssat and theres nothing they can do about it, apart from harass the member at the top of the tree for an official letter ( cannot be verbal). Batting heads against two barristers is difficult when you arent educated for it, so its very difficult to get my head around it all.
I had an SSAT Hearing last week and the respondent did not turn up and failed to submit ordered documents. I am not happy with the decision of the Registrar and the fact that she did not have any documents from the other party. Is this enough grounds to appeal under an 'error of law'?
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