Fuller, Donald v Minister for Primary Industries & Energy & Anor [1997] FCA 908

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE - application for extension of time to file and serve amended notice of application for judicial review - challenge to declaration of agent organism under Biological Control Act 1984 - registration of rabbit calicivirus disease injection - initial application dismissed for want of standing - fresh application by applicant in person - application directed primarily to merits of decision - failure to comply with requirements of Rules in relation to specification of grounds - difficulty in identifying grounds relevant to ADJR Act - application for extension of time refused. Biological Control Act 1984 (Cth) s 26, s 28, s 29 Administrative Decisions (Judicial Review) Act 1977 (Cth) Agricultural and Veterinary Chemicals (Administration) Act 1992 (Cth) Agricultural and Veterinary Chemicals Act (1994) (Cth) Agricultural and Veterinary Chemicals Code Act 1994 (Cth) ss 14, 23 Johns v Australian Securities Commission (1992) 108 ALR 405 DONALD FULLER v MINISTER FOR PRIMARY INDUSTRIES AND ENERGY, NATIONAL REGISTRATION AUTHORITY WAG 46 of 1997

FRENCH J

PERTH

7 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIA DISTRICT REGISTRY ) No. WAG 46 of 1997 of GENERAL DIVISION )

BETWEEN: DONALD FULLER

Applicant

AND: MINISTER FOR PRIMARY

INDUSTRIES AND ENERGY

First Respondent

NATIONAL REGISTRATION

AUTHORITY

Second Respondent

JUDGE: FRENCH J PLACE: PERTH DATED: 7 AUGUST 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The motion for extension of time and interlocutory relief is dismissed. 2. The applicant to pay the respondents' costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) WESTERN AUSTRALIAN DISTRICT REGISTRY ) WAG 46 of 1997 GENERAL DIVISION )