Federal Court of Australia
CATCHWORDS FEDERAL COURT - jurisdiction - seizure of cars as forfeited to the Crown bv Customs officers - reasonable grounds for belief that forfeited - challenge under Administrative Decisions
(Judicial Review) Act 1977 to seizure and retention of cars - whether iurisdiction under Judicial Review Act to determine question of forfeiture - associated jurisdiction - accrued jurisdiction.
ADMINISTRATIVE LAW - "decision" - whether retention of passéssion of seized vehicies could be challenged under Judicial Review Act - scope of Judicial Review Act - extent and nature of power conferred bv s.16,
CUSTOMS - notice to produce documents - necessitv to swear to breach of Customs Act 1901 in information under s.214 - seizure of aoods - scheme for determining dispasition of aoods - role of Tudicial Review Act.
EVIDENCE ~ admission of evidence under 0.33 ¢.3 of Federal Cours Rules - whether discretion of trial iudge should be exercised in
ss,2(2)'f): SCL 7); 8; LAL)
Federal Court of Australia Act 1976 ss 32, 59
ADRTAN GEORGE PEARCE & KATHRYN MAREE PEARCE v. SENATOR THE HONOURABLE. JOHN RUTTON MINISTER OF STATE FOR INDUSTRY AND COMMERCE OF THE COMMONWEALTH OF AUSTRALIA & OPS.
NO. G79 OF 1985
CORAM: FOX, LOCKHART & SPENDER JJ.
7 MARCH 1986
BRISBANE
Burton v. Honan (1952) 86 C.L.R. 169 ref'd to
Willey v. Synan (1935) 54 C,L.R. 175 ref'd to
Brunetto v. Collector of Customs (1984) 4 F.C.R. 92 cons.
French v. O'Connor (unreported, Northrop J7., 23 May 1985) cons.
Convery v. Ziino (unreported, Neaves J.. 27 Mav 2985) cons.
Tetron International Ptv.Ltd. v. Collector of Customs (Victoria) (unreported. Northrop J.. 7 August 1985)cons.
Frost v. Collector of Customs for Queensland (unreported, Wilcox J.. 26 November 1985) cons.
Evans v. Friemann (1981) 35 A.L.R. 428 ref'd ta
Philip Morris Inc. v. Adam P.Brown Male Fashions Pty.Ltd. (1981) 148 C.L.R. 457 cons.
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