Dunstan v Farr [1999] FCA 1551

FEDERAL COURT OF AUSTRALIA

Dunstan v Farr [1999] FCA 1551

ADMINISTRATIVE LAW – review of decisions made by delegates of Commissioner of Taxation – decisions to cease payment of salary to applicant pursuant to Public Service Act 1922 (Cth) pending trial of applicant on criminal charges – whether decisions amenable to review pursuant to Administrative Decisions (Judicial Review) Act 1977 (Cth).

Public Service Act 1922 (Cth) ss 63B, 63C, 63R

Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 at 337, 341-2 applied Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 at 39-42 applied Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363 at 375 referred to

COLIN GEORGE DUNSTAN v GREGORY FARR and MICHAEL MONAGHAN

AG 58 of 1999

WEINBERG J

12 NOVEMBER

CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG 58 OF 1999

BETWEEN: COLIN GEORGE DUNSTAN

Applicant

AND: GREGORY FARR

First Respondent

MICHAEL MONAGHAN

Second Respondent

JUDGE: WEINBERG J

DATE OF ORDER: 12 NOVEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay fifty per cent of the respondents' costs of this application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG 58 OF 1999

BETWEEN: COLIN GEORGE DUNSTAN

Applicant

AND: GREGORY FARR

First Respondent

MICHAEL MONAGHAN

Second Respondent

JUDGE: WEINBERG J

DATE: 12 NOVEMBER 1999

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 By application filed on 27 July 1999 the applicant, Colin George Dunstan, seeks review of a decision taken by the first respondent, Gregory Farr, as delegate of the Commissioner of Taxation. By that decision, which is said to have been made on 21 June 1999, Mr Farr refused the applicant a continuation of payment of his salary, as from 1 April 1999. 2 The applicant also seeks review of a decision taken by the second respondent, Michael Monaghan, also a delegate of the Commissioner of Taxation. By that decision, said to have been made on 7 July 1999, Mr Monaghan suspended the applicant from duty, and invited him to submit any matters which he might wish to have taken into account regarding payment of his salary on the ground of hardship resulting from his suspension.