BGL Corporate Solutions Pty Ltd v Australian Prudential Regulation Authority [1999] FCA 420

FEDERAL COURT OF AUSTRALIA

BGL Corporate Solutions Pty Ltd v Australian Prudential Regulation Authority [1999] FCA 420

SUPERANNUATION – industry regulation – returns lodged using applicant's software – returns to be lodged in approved form as required by s 36 of Superannuation Industry (Supervision) Act 1993 – decision made that returns lodged using applicant's software were not in approved form – whether decision correctly made

ADMINISTRATIVE LAW – application to review decision under Administrative Decision (Judicial Review) Act 1974 – whether application a "person aggrieved" within the meaning of s 5 of Administrative Decision (Judicial Review) Act 1974

PRACTICE AND PROCEDURE – application to amend originating application – application to amend brought out of time – whether proper to extend time in the circumstances

WORDS AND PHRASES – "person aggrieved"

Administrative Decisions (Judicial Review) Act 1974 (Cth)

Superannuation Industry (Supervision) Act 1993 s 36 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 followed

BGL CORPORATE SOLUTIOINS PTY LTD v AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY NO. VG 100 of 1998 HEEREY J 24 MARCH 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 100 of 1998

BETWEEN: BGL CORPORATE SOLUTIONS PTY LTD (ACN 054 355 243)

Applicant

AND: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

Respondent

JUDGE: HEEREY J

DATE OF ORDER: 24 MARCH 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The application to amend the application is rejected.

2. The application is dismissed with costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 100 of 1998