Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Great Barrier Reef Marine Park Authority v Forgie [1999] FCA 1473
PRACTICE AND PROCEDURE - purpose of judicial determination - refusal of courts to give advisory opinion or answer hypothetical questions - whether Court ought to deal with separate issue where a determination of that was not capable, whatever the decision, of resolving the litigation Great Barrier Reef Marine Park Act 1975 (Cth) s 39ZD Administrative Decisions (Judicial Review) Act 1977 (Cth) Judiciary Act 1903 (Cth) s 39B Bass v Permanent Trustee Co Ltd (1999) 161 ALR 399, cited Beitseen v Johnson (1989) 29 IR 336, cited R v Secretary of State for Home Department; ex parte Salem [1999] 2 WLR 483, cited GREAT BARRIER REEF MARINE PARK AUTHORITY v MS S FORGIE, DEPUTY PRESIDENT, ADMINISTRATIVE APPEALS TRIBUNAL & ANOR Q 143 of 1999 DRUMMOND J 26 OCTOBER 1999 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 143 OF 1999
BETWEEN: GREAT BARRIER REEF MARINE PARK AUTHORITY
Applicant
AND: MS S FORGIE, DEPUTY PRESIDENT, ADMINISTRATIVE APPEALS TRIBUNAL
First Respondent
FANTASEA CRUISES PTY LTD (ACN 010 670 872)
Second Respondent
JUDGE: DRUMMOND J
DATE OF ORDER: 26 OCTOBER 1999
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The applicant pay the second respondent's costs of and incidental to the hearing of the separate issues of paragraphs 4 and 5 of the amended application on 22 October 1999.
2. The applicant's amended application be adjourned to 26 November 1999 for mention.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY Q 143 OF 1999
BETWEEN: GREAT BARRIER REEF MARINE PARK AUTHORITY
Applicant
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