Auton v Australian Prudential Regulation Authority [2003] FCA 346

FEDERAL COURT OF AUSTRALIA

Auton v Australian Prudential Regulation Authority [2003] FCA 346

ADMINISTRATIVE LAW – application for review of conduct preceding taking of decision by industry regulator ('APRA') whether to disqualify individual under s 120A of Superannuation Industry (Supervision) Act 1993 (Cth) – common ground that natural justice applied – officer of APRA sent individual a 'show cause letter' identifying officer's preliminary findings and evidence and other material on which officer had relied – show cause letter invited, and allowed ample time for, submissions – individual made lengthy detailed submissions through his solicitors, suggesting, inter alia, that APRA had not taken into account more recent documents in its possession – whether officer bound to give individual further opportunity to make submissions before making final recommendation – whether APRA required to give individual further opportunity to make submissions before disqualifying him – whether individual entitled to be informed of officer's developing thought processes.

Superannuation Industry (Supervision) Act 1993 (Cth)

Hoffmann-La Roche & Co AG v Secretary of State for Trade and Industry [1975] AC 295 followed Sinnathamby v Minister for Immigration and Ethnic Affairs (1986) 66 ALR 502 followed Ansett Transport Industries Ltd v Minister for Aviation (1987) 72 ALR 469 followed Geroudis v Minister for Immigration, Local Government and Ethnic Affairs (1990) 19 ALD 755 followed El-Sayed v Minister for Immigration, Local Government and Ethnic Affairs (1991) 22 ALD 767 followed Commissioner for Australian Capital Territory v Alphaone Pty Ltd (1994) 49 FCR 576 followed Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal and Torres Strait Islander Affairs (2000) 103 FCR 539 followed