Federal Court of Australia
CATCHWORDS
Administrative law - judicial review - objection to competency - whether decisions made "under" an enactment - whether decisions made under the Act or "under an instrument made under" the Act ~- whether document an "instrument" - nature of determination made under an instrument
Administrative Decisions (Judicial Review) Act 1977 ss. 3(1), 5 Health Insurance Commission Act 1973, s.28
Acts Interpretation Act 1901, s. 33(3)
IAN BARTON CHITTICK (State Manager, Health Insurance
Commission, Victoria} and HEALTH INSURANCE COMMISSION Vv. ROBYN MARY ACKLAND
Coram: Lockhart, Morling and Jenkinson, JJ.
Place: Sydney
27 February 1984
IN THE FEDERAL COURT OF AUSTRALIA )} )
VICTORIA DISTRICT REGISTRY ) VG No. 64 of 1983 ) )
GENERAL DIVISION
BETWEEN: IAN BARTON CHITTICK (State Manager, Heaith Insurance Commission, Victoria) and HEALTH INSURANCE COMMISSION
Appellants
AND: ROBYN MARY ACKLAND
Respondent
ORDER
Lockhart, Morling and Jenkinson JJ.
JUDGES MAKING ORDER
DATE OF ORDER Sydney
27 February 1984
WHERE MADE
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The appellant pay the respondent's costs of
the appeal.
IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) VG No.64 of 1983 ) GENERAL DIVISION )
BETWEEN: IAN BARTON CHITTICK (State Manager, Health Insurance . Commission, Victoria) and HEALTH INSURANCE COMMISSION
Appellants
AND: ROBYN MARY ACKLAND
Respondent
CORAM: Lockhart, Morling and Jenkinson JJ. Place: Sydney
27 February 1984
REASONS FOR JUDGMENT
LOCKHART and MORLING JJ: This is an appeal from a decision of a judge of this Court dismissing an objection to the competency of an
application made under s. 5 of the Administrative Decisions (Judicial
Review) Act 1977 ("the Judicial Review Act"). Robyn Mary Ackland, the
applicant in the application and the respondent to this appeal ("the respondent"), seeks an order of review of two decisions made by Ian Barton Chittick the first appellant, who is the manager for Victoria
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