Oates, Anthony Gordon v The Honourable Daryl Williams QC in his Capacity as Attorney-General & Anor [1998] FCA 136

FEDERAL COURT OF AUSTRALIA

ADMINISTRATIVE LAW - Consent by Minister to institution of criminal proceedings under Corporations Law - proceedings instituted more than five years after alleged criminal conduct - whether Minister failed to take into account relevant considerations - whether Minister obliged to give person who might be charged an opportunity to be heard before decision made whether to consent.

Corporations Law s 1316

Evidence Act 1995 (Cth) Part 3.2, s 67, s 190(3)

Federal Court Rules O 33 r 3

Buffier v Bowen (1988) 32 A Crim R 214 followed

Buffier v Bowen (1988) 32 A Crim R 224 followed Brisbane Regional Health Authority (1996) 186 CLR 541 referred to

R v Barton (1980) 147 CLR 75 referred to

Clyne v Attorney-General (Cth) (1984) 55 ALR 624 at 632-633 referred to Commissioner of Police v Reid (1989) 16 NSWLR 453 at 461 referred to

Houacher v Minister for Immigration and Ethnic Affairs (1990) 169 CLR 648 referred to

Annetts v McCann (1990) 170 CLR 596 referred to

Johns v Australian Securities Commission (1993) 178 CLR 408 referred to

Brierley Investments Limited v Australian Securities Commission (1997) 148 ALR 158 referred to

Grech v Featherstone (1991) 33 FCR 63 referred to

Cornall v AB (A Solicitor) (1995) 1 VR 372 at 399-400 referred to

Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 referred to

Lane v Jurd (No 2) (1995) 40 NSWLR 708

ANTHONY GORDON OATES v THE HONOURABLE DARYL WILLIAMS QC IN HIS CAPACITY AS THE ATTORNEY GENERAL OF THE COMMONWEALTH OF AUSTRALIA AND SENATOR, THE HONOURABLE AMANDA VANSTONE IN HER CAPACITY AS THE MINISTER FOR JUSTICE FOR THE COMMONWEALTH OF AUSTRALIA

WAG 90 of 1997

MOORE J

SYDNEY (HEARD IN PERTH)

27 FEBRUARY 1998

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIAn DISTRICT REGISTRY WAG 90 of 1997

BETWEEN: ANTHONY GORDON OATES

Applicant