Federal Court of Australia
re OQ BS
Jeol
CATCHWORDS
Administrative Law -— objection to competency ~ decision sought to
be reviewed not a decision made "under an enactment" - proper source of power not in relevant Act or in guidelines drawn pursuant to that Act ~ application incompetent and therefore
struck out.
Administrative Decisions (Judicial Review) Act 1977
Commonwealth Employment Service Act 1978
No. G87 of 1987
TARANTO (1980) PTY LTD trading as ESQUIRE MOTOR INN v. KEVIN LEIGH MADIGAN and THE COMMONWEALTH OF AUSTRALIA
FORSTER J. ADELAIDE
15 MARCH, 1988
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IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY No. G87 of 1987
GENERAL DIVISION
BETWEEN:
TARANTO (1980) PTY LTD trading as ESQUIRE MOTOR INN
Applicant - and -
KEVIN LEIGH MADIGAN and THE COMMONWEALTH OF AUSTRALIA
Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER 3 FORSTER J.
WHERE MADE ADELAIDE
DATE OF ORDER 15 MARCH 1988
THE COURT ORDERS THAT:
i. The application be struck out with costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G87 of 1987 ) )
GENERAL DIVISION
BETWEEN:
TARANTO (1980) PTY LTD trading as ESQUIRE MOTOR INN
Applicant - and -
KEVIN LEIGH MADIGAN and THE COMMONEALTH OF AUSTRALIA
Respondent
REASONS FOR JUDGMENT
CORAM: FORSTER, J.
The applicant company conducts a motel at Wallaroo. The second respondent amongst other things operates a scheme known as "jobstart" pursuant to which an employer may obtain a subsidy of up to $150 per week towards the wages of a person whom he or it employs who has been unemployed for more than six months. Pursuant to this scheme the applicant wished to employ one Kenneth Johnson as a chef. On 21 July 1987, Williams, the manager of the applicant, telephoned the Commonwealth Employment Service ("the CES") at Port Pirie controlled by the second respondent to make arrangements about the jobstart subsidy with respect to Johnson. Williams was told that the CES could not deal with the applicant as a complaint of sexual harassment had been made against Williams. On 26 July 1987 Williams wrote formally to the first respondent ("Madigan") the manager of the
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