Geographical Indications Committee v Honourable Justice O'Connor [2000] FCA 1877

FEDERAL COURT OF AUSTRALIA

Geographical Indications Committee v The Honourable Justice O'Connor [2000] FCA 1877

Administrative Law – Administrative Appeals Tribunal – practice and procedure – procedures of the Tribunal within the discretion of the Tribunal – Tribunal giving directions restricting role at hearing of original decision-maker – decision-maker named as a respondent – other respondents before the Tribunal likely to fulfil the role of contradictor – whether as a party the decision-maker is entitled as of right to cross-examine at large and call witnesses – appropriate role of decision-maker on a merits review – whether the Court should interfere with interlocutory directions on matters of practice and procedure. Administrative Appeals Tribunal Act 1975 (Cth), ss 33, 39, 44 Administrative Decisions (Judicial Review) Act 1997 (Cth), ss 3, 6 Federal Court of Australia Act 1977 (Cth), ss 19-21 Judiciary Act 1903 (Cth), s 39B Australian Wine and Brandy Corporation Act 1980 (Cth), Part VIB The Queen v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 applied Director General of Social Services v Chaney (1980) 47 FLR 80 referred to Commissioner of Taxation v Beddoe (1996) 68 FCR 446 referred to Tuite v Administrative Appeals Tribunal and Another (1993) 40 FCR 483 distinguished Wiest v Director of Public Prosecutions (1988) 23 FCR 472 referred to Australian Postal Commission v Hayes (1989) 23 FCR 320 distinguished Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to David Jones Finance and Investment Pty Ltd and Another v Commissioner of Taxation (1991) 28 FCR 484 distinguished Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 applied In Re the Will of F B Gilbert (dec.) (1946) 46 SR (NSW) 318 cited Lamb v Moss (1983) 49 ALR 533 referred to New Broadcasting Ltd v Australian Broadcasting Tribunal (1987) 73 ALR 420 distinguished Fagan v The Crimes Compensation Tribunal (1982) 150 CLR 666 referred to Commonwealth of Australia v Human Rights and Equal Opportunity Commission and Another (1998) 152 ALR 182 referred to BTR plc v Westinghouse Brake and Signal Co (Australia) Ltd (1992) 34 FCR 246 applied