APRA v VBN [2005] FCA 1868

FEDERAL COURT OF AUSTRALIA

APRA v VBN [2005] FCA 1868

APRA -v- VBN, VBT and VBV

VID 1493 of 2005

RYAN J

22 DECEMBER 2005

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1493 of 2005

BETWEEN: APRA

Applicant

AND: VBN

First Respondent

VBT

Second Respondent

VBV

Third Respondent

JUDGE: RYAN J

DATE OF ORDER: 22 DECEMBER 2005

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. It is DECLARED THAT the direction as amended which was issued by the Administrative Appeals Tribunal ("the Tribunal") on 10 November 2005 was beyond the power of the Tribunal. 2. The applications by John Fairfax Publications Pty Ltd be refused. 3. The costs of all parties of the proceedings herein be reserved. 4. Any party ("the first party") desiring to contend that an order should be made for payment by some other party or parties of the whole or part of the first party's costs, file and serve by 2 February 2006 written submissions in support of that contention. 5. Any submissions in answer to the written submissions referred to in paragraph 3 of this Order be in writing and filed and served by 9 February 2006. 6. Liberty be reserved to any party to apply on not less than 48 hours notice in writing to the other parties. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1493 of 2005

BETWEEN: APRA

Applicant

AND: VBN

First Respondent

VBT

Second Respondent

VBV

Third Respondent

JUDGE: RYAN J

DATE: 22 DECEMBER 2005

PLACE: MELBOURNE

REASONS FOR JUDGMENT 1 There is before the Court an application pursuant to ss 5 and 6 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) ("the AD(JR) Act") and s 39B(1A)(a) and (c) of the Judiciary Act 1903 (Cth) for review of a decision or conduct of the Administrative Appeals Tribunal ("the Tribunal") in making a direction dated 21 October 2005 as amended on 10 November 2005 ("the direction").