I reckon both the AAT and the Federal Court have erroneous reasoning in their decisions, but I reckon the AAT’s is less wrong than the Federal Court’s.
But my opinion on the question is irrelevant: the Federal Court’s decision is binding unless successfully appealed or distinguished/overturned.
This is merely another example of many that have arisen – unnecessarily - from a chronically incompetent and therefore unproductive regulatory reform process.
FFS: Fix 206!
Last edited by Creampuff; 12th Nov 2012 at 08:54.