Australian Prudential Regulation Authority v Tidswell Administration Limited [2003] FCA 1446

FEDERAL COURT OF AUSTRALIA

Australian Prudential Regulation Authority v Tidswell Administration Limited [2003] FCA 1446

Superannuation Industry (Supervision) Act 1993 (Cth) – conditions of approved trustee – variation by Australian Prudential Regulation Authority – review by Administrative Appeals Tribunal – effect of subsequent variation upon jurisdiction of Administrative Appeals Tribunal – whether continued application for review vexatious

Administrative Appeals Tribunal Act 1975 (Cth) ss 26, 42B, 43, 44 Superannuation Industry (Supervision) Act 1993 (Cth) ss 26, 27C, 27E, 344

D Pearce, Commonwealth Administrative Law,Butterworths, Sydney, 1986 AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY v TIDSWELL ADMINISTRATION LIMITED S 400 of 2003 SELWAY J 12 DECEMBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 400 OF 2003

BETWEEN: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

APPLICANT

AND: TIDSWELL ADMINISTRATION LIMITED

RESPONDENT

JUDGE: SELWAY J

DATE OF ORDER: 12 DECEMBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The decision of the Administrative Appeals Tribunal given on 13 February 2003 that the Administrative AppealsTribunal has jurisdiction to review the decision of the applicant dated 1 February 2002 is affirmed.

2. The decision of the Administrative Appeals Tribunal given on 13 February 2003 declining to dismiss the application pursuant to s 42B of the Administrative Appeals Tribunal Act 1975 (Cth) be set aside.

3. The matter be remitted to the Administrative Appeals Tribunal for its further consideration.

4. No order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 400 OF 2003