Maritime Union of Australia v Honourable John Anderson [2000] FCA 850

FEDERAL COURT OF AUSTRALIA

Maritime Union of Australia v Honourable John Anderson [2000] FCA 850

MARITIME LAW – Shipping – single voyage permit – unlicensed vessel – grant of permits to unlicensed vessels to transport fertiliser challenged by labour organisations – whether licensed vessel "available for the service" under s 286(1) of Navigation Act 1912 – where licensed vessel could not carry full cargo and could not meet shipper's timetable – permits not improperly granted ADMINISTRATIVE LAW – natural justice – procedural fairness – right to be heard – whether labour union had legitimate expectation of being heard under Ministerial guidelines before permit granted to unlicensed vessel – whether union's interests directly affected by decision – whether guidelines for granting permits here irrelevant considerations PRACTICE & PROCEDURE – locus standi – whether labour union has standing to challenge decision to grant permit to unlicensed ship – where increase in permits to unlicensed vessels said to effect union members' employment prospects – where application filed after voyages well under way – outcome of review nugatory – standing denied WORDS & PHRASES – "available" – "service" Administrative Decisions (Judicial Review) Act 1977, s 5 Judiciary Act 1903, s 39B Navigation Act 1912, s 286, s 288, s 289 Acts Interpretation Act 1901 (Cth), s 15AB

Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 referred Buck v Bavone (1976) 135 CLR 110 referred Public Transport Commission (NSW) v Murray-More (NSW) Pty Ltd (1975) 132 CLR 336 cited Lake Macquarie Shire Council v Aberdare County Council (1970) 123 CLR 327 cited Kioa v West (1985) 159 CLR 550 considered/distinguished Haoucher v Minister for Immigration and Ethnic Affairs (1990) 169 CLR 648 distinguished Botany Bay City Council v Minister for Transport and Regional Development (1996) 66 FCR 537, affmd (1996) 45 ALD 125 referred Queensland Medical Laboratory v Blewett (1988) 84 ALR 615 referred Council of Civil Service Unions v Minister for Civil Service [1985] AC 374 distinguished Attorney-General (NSW) v Quin (1990) 170 CLR 1 cited Tooheys Ltd v Minister for Business and Consumer Affairs (1981) 54 FLR 421 referred Right to Life Association (NSW) Inc v Secretary, Department of Human Services and Health (1995) 56 FCR 50 cited Pharmacy Guild of Australia v Australian Community Pharmacy Authority (1996) 70 FCR 462 cited Australian Institute of Marine and Power Engineers v Secretary, Department of Transport (1986) 13 FCR 124 discussed/distinguished Transurban City Link Ltd v Allan (1999) 168 ALR 687 discussed/applied Australian Conservation Foundation Inc v Commonwealth (1980) 146 CLR 493 considered Re McHattan and Collector of Customs (NSW) (1977) 18 ALR 154 referred Onus v Alcoa of Australia Ltd (1981) 149 CLR 27 cited Australian Foreman Stevedores Association v Crone (1988) 20 FCR 377 distinguished Allan v Development Allowance Authority (1999) 93 FCR 264 referred Shop Distributive and Allied Employees Association v Minister for Industrial Affairs (SA) (1995) 183 CLR 552 followed Bateman's Bay Local Aboriginal Land Council v Aboriginal Community Benefit Fund Pty Limited (1998) 194 CLR 247 followed Bennion, Statutory Interpretation (2nd ed.), pp 322-328 Pearce and Geddes, Statutory Interpretation in Australia (3rd ed.), pp 25-6