Mabey, John Francis v Australian Film Commission [1984] FCA 393

ve

"

3 q 3 CATCHWORDS

-ADMINISTRATIVE LAW - Judicial review - decisions to terminate

appointment of applicant as General Manager, Film Australia -

Whether a decision 'under an enactment' - Effect of s.33(4) of Acts Interpretation Act 1901 - Contract partly consensual party unilaterally determined - Whether termination under consential provisions would be a decision "under an enactment" - Failure of

respondent to comply with requirements of natural justice -

Content of requirements.

Australian Film Commission Act 1975 ss. 27, 29

Acts Interpretation Act 1901 s.33(4)

Administrative Decisions (Judicial Review) Act 1977 ss.3, 16

JOHN FRANCIS MABEY V AUSTRALIAN FILM COMMISSION G.252 OF 1984

JOHN FRANCIS MABEY V AUSTRALIAN FILM COMMISSION G.349 OF 1984

WILCOX J

27 NOVEMBER SYDNEY

2 noscammnetinan st Heainende Matin i> "aaletatlentichiny ss Wet

e

—"

IN THE FEDERAL COURT OF AUSTRALIA NEW _ SOUTH WALES DISTRICT REGISTRY

GENERAL DIVISTON

2.

No. G.252 of 1984

www ww

BETWEEN JOHN FRANCIS MABEY

Applicant AND: AUSTRALIAN FILM COMMISSION

' Respondent

No. G.349 of 1984

BETWEEN : JOHN FRANCIS MABEY Applicant AND: AUSTRALIAN FILM COMMISSION Respondent ORDERS

WILCOX J 27 NOVEMBER 1984 SYDNEY : Application for review granted.

Order that each of the following decisions made by the

respondent in relation to the termination of the applicant's

contract as General Manager, Film Australia, namely:

(a) decision no 1984/72 of 30 April 1984; (b) decision no 1984/75 of 19 June 1984; and

{c) decision no 1984/119 of 12 September 1984;

be quashed as and from the respective dates of those decisions.

be le mein nein ite ete ee te a al aad

3. Order that each of the following decisions made on

behalf of the respondent and being decisions consequential upon ~

the said decisions, namely:

(a) the decision to require the applicant to carry out his duties at his home and not from his usual office;