Federal Court of Australia
379 CATCHWORDS
ADMINISTRATIVE LAW - Custody order made by Family Court - Application for legal aid to seek prohibition in High Court -
Application refused - Whether constructive failure to consider application - Merit of foreshadowed grounds of application for prohibition - Decision to refuse application not a decision "under an enactment" - Availability of relief under s.39B of
Judiciary Act.
Family Law Act ss.4, 39, 64, 65 Family Law Requlations 36, 116
Administrative Decisions (Judicial Review) Act 1977 ss.3, 5
Judiciary Act 1903 s.39B
HAROLD ALBERT THURGOOD V DIRECTOR OF THE AUSTRALIAN LEGAL AID OFFICE G.306 OF 1984
WILCOX J
19 NOVEMBER 1984 SYDNEY
IN_THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION
No. G.306 of 1984
di didiaed
BETWEEN : HAROLD ALBERT THURGOOD Applicant AND: DIRECTOR OF THE AUSTRALIAN LEGAL AID OFFICE Respondent ORDERS CORAM: WILCOX J DATE: 19 NOVEMBER 1984 PLACE: SYDNEY l. Application dismissed. 2. Order that the applicant pay to the respondent his costs
of the Application.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DIS CT REGISTRY No. G.306 of 1984
GENERAL DIVISION
BETWEEN HAROLD ALBERT THURGOOD
Applicant
AND: DIRECTOR OF THE AUSTRALIAN LEGAL AID OFFICE
Respondent
REASONS FOR JUDGEMENT
CORAM: WILCOX J DATE: 19 NOVEMBER 1984 PLACE: SYDNEY
This is an Application. under s.5 of the Administrative
Decisions (Judicial Review) Act 1977. brought bv Harold Albert
Thurgood on behaif of his two children, Louise Charlotte Thuraood, aged 12 years. and Paul Ty Thurgood, aged 10 years.
The Application was one of several Applications. broudht against various public officers, which were filed in reliance upon that Act or which sought prerogative writs, mandamus or prohibition, and which were brought pursuant to s.39B of the Judiciary Act 1903. During the joint hearing the parties agreed that the only matter which needed to proceed to determination was the subject Application - the other Applications being dismissed bv consent - but that, in relation to that Application, particular affidavits
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