Australian Prudential Regulation Authority v Administrative Appeals Tribunal [2005] FCA 1916

FEDERAL COURT OF AUSTRALIA

Australian Prudential Regulation Authority v Administrative Appeals Tribunal [2005] FCA 1916

AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

v ADMINISTRATIVE APPEALS TRIBUNAL & ANOR NSD 2523 OF 2005 LINDGREN J 20 DECEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 2523 OF 2005

BETWEEN: AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY

APPLICANT

AND: ADMINISTRATIVE APPEALS TRIBUNAL

FIRST RESPONDENT

T

SECOND RESPONDENT JUDGE: LINDGREN J

DATE OF ORDER: 20 DECEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to section 50 of the Federal Court of Australia Act 1976 (Cth) and until further order, the affidavit of Marcus Bezzi sworn 16 December 2005 and the exhibits thereto not be published other than to:

(i) the officers of the applicant and its legal advisers;

(ii) the members, officers and employees of the first respondent;

(iii) the second respondent and his legal advisers.

2. The operation of the decision of the Administrative Appeals Tribunal made on 24 November 2005 in Tribunal proceeding N2005/666 be suspended pending the hearing and determination of this proceeding or further order of the Court.

3. The hearing of this proceeding be given such expedition as is possible in all the circumstances.

THE COURT NOTES THAT:

4. There is no order as to costs of the motion brought by notice of motion filed on 16 December 2005.

THE COURT DIRECTS THAT:

5. The applicant file and serve any further affidavits on which it will rely by 17 January 2006.

6. The applicant file and serve its submissions five clear working days prior to the hearing date. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.