Preview: Clarity in Test for Materiality with Douglas McDonald-Norman and Chris Honnery
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When LPDT’s case came to the High Court in 2024, he had already appealed the decision to cancel his visa in the Administrative Appeals Tribunal, the Federal Court and the Full Federal Court. Re-examination of the decision by the High Court in LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 brought a different outcome. It has clarified the test for materiality and provides practical guidance on jurisdictional error. Barristers Douglas McDonald-Norman (Eight Selborne Chambers, Sydney) and Chris Honnery (6 St James Hall Chambers, Sydney) examine the doctrine of materiality in administrative law, how it was reconfigured and rearticulated in LPDT and the implications for practitioners and judges. Published on: [08.05.2025]
Discussion Includes:
- The High Court clarifies test for materiality
- Facts of the case
- Procedural history after Tribunal decision
- Doctrine of materiality
- What is the realistic possibility of a different outcome?
- How were these principles applied in LPDT?
- Implications for practitioners
- Hypothetical scenario
- Factual specificity
Presenter Profiles
Douglas McDonald-Norman Chris Honnery
BIBLIOGRAPHY
Focus Case
Benchmark Link
https://benchmarkinc.com.au/benchmark/insurance/benchmark_12-04-2024_insurance.pdf
Judgment Link
https://eresources.hcourt.gov.au/downloadPdf/2024/HCA/12
Cases
- Hossain v Minister for Immigration and Border Protection [2018] HCA 34
- Minister for Immigration and Border Protection v SZMTA [2019] HCA 3
- MZAPC v Minister for Immigration and Border Protection [2021] HCA 17
- Nathanson v Minister for Home Affairs [2022] HCA 26 (17 August 2022)
- Minister for Immigration and Border Protection v WZARH [2015] HCA 40
Legislation
- Migration Act 1958 (Cth)