Donohue v Australian Fisheries Management Authority [2000] FCA 901

FEDERAL COURT OF AUSTRALIA

Donohue v Australian Fisheries Management Authority [2000] FCA 901

ADMINISTRATIVE LAW - temporary order under s 43 of Fisheries Management Act 1991 (Cth) – order requiring that all fishers hold certain minimum statutory fishing rights for southern bluefin tuna and fit devices enabling location of boats to be monitored – whether order of a legislative character – order made by delegate of Australian Fisheries Management Authority – whether delegate reached an independent state of satisfaction Fisheries Management Act 1991 (Cth) ss 43, 3, 95(1)(d) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Judiciary Act 1903 (Cth) s 39B Federal Court of Australia Act 1976 (Cth) s 21 Acts Interpretation Act 1901 (Cth) s 46A

Telstra Corporation Limited v BT Australasia Pty Ltd (1998) 156 ALR 634 mentioned Austral Fisheries Pty Ltd v Minister for Primary Industries and Energy (1992) 37 FCR 463 at 477 followed Minister for Primary Industries and Energy v Austral Fisheries Pty Ltd (1993) 40 FCR 381 followed Mixnam's Properties Ltd v Chertsey Urban District Council [1964] 1 QB 214 at 237-238 followed Wu Shan Liang v Minister for Immigration and Ethnic Affairs (1996) 185 CLR 259 at 275-277 mentioned STEPHEN DESMOND DONOHUE and OTHERS v AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY and FRANK McFARLANE MEERE NO. V 390 of 2000 HEEREY J 29 JUNE 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 390 of 2000

BETWEEN: STEPHEN DESMOND DONOHUE and OTHERS

Applicant

AND: AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY

First Respondent

FRANK MCFARLANE MEERE

Second Respondent JUDGE: HEEREY J

DATE OF ORDER: 29 JUNE 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application is dismissed. 2. The applicants pay the respondents' costs including reserved costs, except for the costs of the hearing on 19 June 2000. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.