Secretary, Department of Health and Ageing v Marnotta Pty Ltd (Receivers and Managers Appointed) [2005] FCA 1395

FEDERAL COURT OF AUSTRALIA

Secretary, Department of Health and Ageing v Marnotta Pty Ltd (Receivers and Managers Appointed) [2005] FCA 1395

ADMINISTRATIVE LAW – appeal from the Administrative Appeals Tribunal (AAT) - whether to dismiss an appeal from the AAT where it would be futile or have no useful outcome by operation of legislation – whether approved provider status under the Aged Care Act 1997 (Cth) is lost by the expiration of six months in which aged care services cease by reason of prolonged litigation – purpose of Aged Care Act 1997 (Cth) – interpretation of operation of ss 10-1 and 10-2 of the Aged Care Act 1997 (Cth) – meaning of "ceases to be in effect" - status of decision when appealed to the AAT - form of orders to finally determine an appeal.

Administrative Appeals Tribunal Act 1975 (Cth) ss 29(2), 41(1), 41(2), 42B, 43(6) Administrative Decisions (Judicial Review) Act 1975 (Cth) Aged Care (Consequential Provisions) Act 1997 (Cth) s7 Aged Care Act 1997 (Cth) ss 2-1, 8-2, 10-1, 10-2, 10-3, 7-1, 15-1, 15-7, 41-3(1), 65-1, 66-1(a), 66-1(d), 85-5, 85-8 Migration Act1958 (Cth) s 82(4) National Health Act 1953 (Cth) Attorney-General (NSW) v Quin (1990) 170 CLR 1 Harradine v Secretary, Department of Social Security (1989) 25 FCR 35 Jadwan Pty Ltd v Secretary, Department of Health & Aged Care [2003] FCAFC 288; (2003) 204 ALR 55 L'Huillier v State of Victoria [1996] 2 VR 465 Lesi v Minister for Immigration and Multicultural [2003] FCAFC 285; (2003) 134 FCR 27 Minister for Immigration and Ethnic Affairs v Petrovski (1997) 73 FCR 303 Minister for Immigration, Local Government and Ethnic Affairs v Kurtovic (1990) 21 FCR 193 Morales v Minister for Immigration and Ethnic Affairs (1995) 60 FCR 550 Secretary, department of health and ageing v Marnotta Pty Ltd (Receivers and managers appointed) VID 565 OF 2005 NORTH J MELBOURNE 29 SEPTEMBER 2005