Australian Institute of Administrative Law

Webinar on Snell ([2019] FCAFC 57) - managing repeat business in the AAT with David Marks, Travis O'Brien and DP Bernard McCabe

12 May

Late afternoon Webinar

Snell – Managing Repeat Business in the AAT

Presenters: David W Marks QC & Travis O’Brien, Inns of Court

Chair: Deputy President Mr Bernard J McCabe

Issue estoppel does not apply in the AAT. The parties to a proceeding in the AAT nevertheless are not at liberty simply to run over old ground, particularly if no new evidence is being advanced that undermines or alters the effect of an earlier decision between those parties.

David W Marks QC and Travis O’Brien explain why issue estoppel cannot apply in the AAT, and explore some of the subtleties that can arise in preventing pointless re-litigation nevertheless.

David W Marks QC is a commercial silk practising principally in tax. He has a broader practice in commercial litigation, trusts, estates, and administrative law. He sits as a member of the disciplinary panel of a transnational professional body, and is on Hemmant’s List in Brisbane.

Travis O’Brien was first called to the bar in 2016. Prior to this he practiced in industrial relations as a trade union industrial officer and in-house counsel for 6 years. His practice is in employment law generally, including WorkCover and ComCare.

Deputy President Mr Bernard J McCabe is Division Head of the Taxation & Commercial Division and the Small Business Taxation Division. Mr McCabe was appointed as a Deputy President of the Tribunal and as Division Head on 25 March 2016. Mr McCabe was first appointed as a part time member of the Tribunal in 2001, a full-time Senior Member in 2003. Mr McCabe was previously an Associate Professor of Law at Bond University. He was also a member of the legal committee of the Companies and Securities Advisory Committee between 1998 and 2001.

Date: Tuesday 12 May 2020

Time: 5.30pm Online Seminar via Zoom

The webinar is open to all members of the AIAL and to any interested members of the public. Admission is free, but registration is required. Except in WA, CLE/CPD points are available if this educational activity is relevant to your immediate or long term needs in relation to your professional development and practice of the law. Please contact your local law society for further details. Any WA practitioners attending should note this event is not currently covered by AIAL WA Chapter QA accreditation, although the WA Chapter is exploring options.

Please book via the TryBooking link below:

Inquiries can be directed to the AIAL Secretariat on 02 6290 1505 or at

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