Team Employment & Training Network Pty Ltd v Secretary, Department of Employment, Workplace Relations & Small Business [1999] FCA 1792

FEDERAL COURT OF AUSTRALIA

Team Employment & Training Network Pty Ltd v Secretary Department of Employment Workplace Relations & Small Business

[1999] FCA 1792 ADMINISTRATIVE LAW - Whether the decisions relating to the submission of a tender by the applicant were decisions of an administrative character made under an enactment.

Administrative Decisions (Judicial Review) Act 1977 (Cth) s 3 s 5 Employment Services Act 1994 (Cth) s 58 Trade Practices Act 1974 (Cth) s 75AU N McDonald Pty Ltd v Hamence (1984) 1 FCR 45 Foll New South Wales v Burdolph (1934) 52 CLR 455 Cited Commonwealth of Australia v Rian Financial Services and Developments Pty Ltd (1992) 36 FCR 101 Cited Magna Alloys & Research Pty Ltd v Coffey [1981] VR 23 Cited J S McMillan Pty Ltd v Commonwealth (1997) 77 FCR 337 Foll

TEAM EMPLOYMENT AND TRAINING NETWORK PTY LTD v SECRETARY DEPARTMENT OF EMPLOYMENT WORKPLACE RELATIONS AND SMALL BUSINESS, EMPLOYMENT SERVICES REGULATORY AUTHORITY AND COMMONWEALTH OF AUSTRALIA Q294 OF 1999 COOPER J BRISBANE 20 DECEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q294 OF 1999

BETWEEN: TEAM EMPLOYMENT AND TRAINING NETWORK PTY LTD

Applicant

AND: SECRETARY, DEPARTMENT OF EMPLOYMENT WORKPLACE RELATIONS AND SMALL BUSINESS

First Respondent

EMPLOYMENT SERVICES REGULATORY AUTHORITY

Second Respondent

COMMONWEALTH OF AUSTRALIA

Third Respondent

JUDGE: COOPER J

DATE OF ORDER: 20 DECEMBER 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application for interlocutory relief is dismissed. 2. The applicant pay the respondents' costs of and incidental to the notice of motion, including reserved costs to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.