Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kamha v Australian Prudential Regulation Authority [2005] FCA 480 INSURANCE – insurance companies – disqualified persons – Australian Prudential Regulation Authority – power to disqualify where person not presently employed in relevant position – deterrence an irrelevant consideration in exercise of discretion ADMINISTRATIVE LAW – judicial review – reviewable decisions and conduct – existence of other review or appeal rights – whether adequate provision made by other law –discretion to refuse relief Acts Interpretation Act 1901 (Cth), s 15A Administrative Appeals Tribunal Act 1975 (Cth), ss 41, 63 Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 10(2)(b), 16 Insurance Act 1973 (Cth), ss 2A, 24, 25, 25A, 26, 27, 63, 126, Pt III, Div 5, Pt VI
Ainsworth v Criminal Justice Commission (1992) 175 CLR 564, cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321, referred to Clyne v New South Wales Bar Association (1960) 104 CLR 186, cited Djalic v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 151; (2004) 206 ALR 488, distinguished Health Care Complaints Commission v Litchfield (1997) 41 NSWLR 630, cited Hill v Repatriation Commission [2005] FCAFC 23, cited Lamb v Moss (1983) 49 ALR 533, followed McGowan v Migration Agents Registration Authority (2003) 129 FCR 118, followed New South Wales Bar Association v Evatt (1968) 117 CLR 177, cited Re Altim Pty Ltd [1968] 2 NSWR 762, cited Re Ferrari Furniture Co Pty Ltd [1972] 2 NSWLR 790, cited Re Magna Alloys & Research Pty Ltd (1975) 1 ACLR 203, cited
Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57, referred to
Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82, applied Rich v Australian Securities and Investments Commission [2004] HCA 42; (2004) 78 ALJR 1354; (2004) 209 ALR 271, referred to Tuncok v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCAFC 172, distinguished Wyeth Australia Pty Ltd v Minister for Health & Aged Care [2000] FCA 330; (2000) 61 ALD 372, followed
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