Federal Court of Australia
Leta ere Be eet
1 han et aye nee ne Be
a ale te tl ee ite Mit
aan re rt
thee
ees
a ee
rE ee RN NY SR a Rt ree - —
een! hae eer ereee —_ renee eases mtn nate mo — te nee ee ne
CATCHWORDS
Administrative Law - judicial review - appeal from the
dismissal of an application for an order of review - whether Minister abdicated 'responsibility to consider taking proceedings for alleged breach of s-50 of the Trade Practices Act - whether appeal court should interfere with exercise of
discretion by primary judge not to make the order sought.
Trade Practices Act 1974 ss. 29, 50, 77, 80, and 81
Administrative Decisions (Judicial Review) Act 1977 ss. 5 and
16.
VISY BOARD PTY LTD v THE HONOURABLE GARETH EVANS THE ATTORNEY
GENERAL OF THE COMMONWEALTH "OF AUSTRALIA and ANOR.
No. VG302 of 1983
p86 SVL,
Sweeney, Lockhart and Sheppard JJ.
Melbourne
- QSAI3944u
15 March 1984.
Administrative Law - judicial review - appeal from the
Bae ek ele ee
wea rr een teh mT Bd LO i ne Nn a aR |
ashe Ae
dismissal of an application for an order of review of
decision of Trade Practices Commission to discontinue its
proceedings - whether decision amounted to an unlawful fetter or abdication by the Commission of its duty under the Trade
Practices Act.
Trade Practices Act 1974 ss. 80 and 81 Administrative Decisions (Judicial Review) Act 1977: ss. 5 and 16
Federal Court Rules: Order 22 Rule 5(1)
VISY BOARD PTY LTD v TRADE PRACTICES COMMISSION and ORS
No. VG303 of 1983
Sweeney, Lockhart and Sheppard JJ.
Melbourne
15 March 1984
Practice and Procedure - whether court as _ presently constituted should hear appeal - whether a fair-minded
observer might entertain a reasonable apprehension of bias by
reason of pre-judgment.
Practice and Procedure - principles to be taken into account
in an appeal against the exercise of a discretion by primary
judge in granting leave to discontinue.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate