Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ex-Christmas Islanders Association Inc v Attorney-General [2005] FCA 1867
ADMINISTRATIVE LAW – judicial review – decisions under administrative legal aid scheme relating to public interest and test cases – scheme non-statutory – decisions under the Scheme not decisions under any enactment – judicial review unavailable under ADJR Act – no public duty attracting the grant of mandamus - question of review of executive power not canvassed – application dismissed – poor quality of application and submissions – solicitor to show cause why costs should not be awarded personally against him. Administrative Appeals Tribunal Act 1975 (Cth) s 69 Appropriation Act (No 1) 2003-2004 (Cth) Appropriation Act (No 1) 2004-2005 (Cth) Acts Interpretation Act 1901 (Cth) s 15AB Administrative Decisions (Judicial Review) Act 1977 (Cth) s 6, s 7(1), s 3 Judiciary Act 1903 (Cth) s 39B
Federal Court of Australia RulesO 52 r 2(2), O 54 r 2A(1) and (2)
Combet v Commonwealth of Australia [2005] HCA 61 cited Evans v Friemann (1981) 35 ALR 428 cited Chittick v Ackland (1984) 53 ALR 143 cited Thurgood v Director of Australian Legal Aid Office (1984) 56 ALR 565 cited Barnett v Minister for Housing (1991) 31 FCR 400 cited
EX CHRISTMAS ISLANDERS ASSOCIATION INC, THE ESTATE OF AIN BIN MARSAH, THE ESTATE OF BADRON BIN RIDWEE, NOOLIYAH BINTE SALLEH & MENG KOK HU v THE ATTORNEY-GENERAL FOR THE COMMONWEALTH WAD 36 OF 2005 FRENCH J 21 DECEMBER 2005 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD36 OF 2005
BETWEEN: EX-CHRISTMAS ISLANDERS ASSOCIATION INC,
THE ESTATE OF AIN BIN MARSAH,
THE ESTATE OF BADRON BIN RIDWEE,
NOOLIYAH BINTE SALLEH & MENG KOK HU
APPLICANTS
AND: ATTORNEY-GENERAL'S DEPARTMENT (COMMONWEALTH)
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