Full Court Minute Books

Case M134/2018

Victorian Building Authority v. Andriotis

Case No.


Case Information

Lower Court Judgment

21/02/2018 Federal Court of Australia(Flick, Bromberg & Rangiah JJ)

[2018] FCAFC 24


Interpretation – Mutual Recognition Act 1999 (Cth) s 17, 20 – Where respondent registered in New South Wales as waterproofing technician – Where respondent applied to appellant for registration under Building Act 1993 (Vic) – Where appellant refused to grant registration because respondent not of “good character” as required by s 170(1)(c) of Building Act – Where Administrative Appeals Tribunal affirmed decision – Where Full Federal Court allowed appeal – Whether Full Federal Court erred in holding appellant required by s 20(2) to register respondent for equivalent occupation under Building Act notwithstanding appellant found respondent not of good character – Whether Full Federal Court erred in holding exception to mutual recognition principle in s 17(2) of Mutual Recognition Act does not quality “entitlement” to be registered under s 20(1) – Whether Full Court erred in holding “good character” requirement in Building Act not law regulating “manner” of carrying out occupation within meaning of s 17(2) of Mutual Recognition Act.

Short particulars


17/08/2018 Hearing (SLA, Melbourne)

31/08/2018 Notice of appeal

05/10/2018 Written submissions (Appellant)

05/10/2018 Chronology (Appellant)

02/11/2018 Written submissions (Respondent)

16/11/2018 Reply

12/02/2019 Hearing (Full Court, Canberra) (Audio-visual recording)

12/02/2019 Outline of oral argument (Appellant)

12/02/2019 Outline of oral argument (Respondent)

07/08/2019 Judgment (Judgment summary)