Anstis v Secretary of the Department of Family & Community Services [2002] FCA 1043

FEDERAL COURT OF AUSTRALIA

Anstis v Secretary of the Department of Family & Community Services [2002] FCA 1043 ADMINISTRATIVE LAW – notice of objection to competency – application for review contesting a departmental instruction relating to the relinquishment of control of private trusts – Part 3.18 of the Social Security Act – whether applicant has standing to seek declaratory and injunctive relief – applicant advisor on social security matters – where applicant claims that the instruction is wrong at law – whether claimed professional and economic interest a sufficient material interest for standing

Judiciary Act 1903 (Cth), s 39B(1A) Social Security Act 1991 (Cth), Part 3.18 Australian Conservation Foundation v The Commonwealth (1980) 146 CLR 493 applied Australian Institute of Marine and Power Engineers v Secretary, Department of Transport (1986) 13 FCR 124 referred Bateman's Bay Local Aboriginal Land Council v The Aboriginal Community Benefit Fund Pty Ltd (1998) 194 CLR 247 applied Onus v Alcoa of Australia Ltd (1981) 149 CLR 27 applied Royal College of Nursing of the United Kingdom v Department of Health and Social Security [1981] AC 800; at first instance, [1981] 1 All ER 545 distinguished Gillick v West Norfolk and Wisbech Area Health Authority [1986] AC 112 distinguished Electricity Supply Association of Australia Ltd v Australian Competition and Consumer Commission (2001) 189 ALR 109 referred Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 referred Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 referred Ogle v Strickland (1987) 13 FCR 306 distinguished Maritime Union of Australia v Anderson (2000) 100 FCR 58 followed BGL Corporate Solutions Pty Ltd v Australian Prudential Regulation Authority (1999) 55 ALD 643 referred Corio Bay and District Private Hospital NH Pty Ltd v Minister for Family Services (1998) 157 ALR 181 referred Big Country Developments Pty Limited v Australian Community Pharmacy Authority (1995) 60 FCR 85 referred Yates Security Services Pty Ltd v Keating (1990) 25 FCR 1 discussed MICHAEL ANSTIS v SECRETARY OF THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES V 22 of 2002 KENNY J 22 AUGUST 2002 MELBOURNE