Lawrance v President, Administrative Appeals Tribunal [2006] FCA 342

FEDERAL COURT OF AUSTRALIA

Lawrance v President, Administrative Appeals Tribunal [2006] FCA 342 ADMINISTRATIVE LAW – Review of decision of Administrative Appeals Tribunal ("AAT") – application for confidentiality orders – whether failure to take into account relevant considerations – whether Wednesbury unreasonable - principle of open justice – public interest – real issues in substantive proceeding - no error in AAT decision PRACTICE AND PROCEDURE – jurisdiction – whether officer of Commonwealth – whether acting in capacity as an officer - whether matter arising under laws made by the Parliament Constitution - s 75(v) Administrative Appeals Tribunal Act 1975 (Cth) – s 35 Disability Services Act 1986 (Cth) – s 18 Freedom of Information Act (1982) (Cth) – s 24A Judiciary Act 1903 (Cth) – s39B Federal Court of Australia Act 1976 (Cth) - s 50 Australian Broadcasting Commission v Parish (1980) 29 ALR 228 cited Felton v Mulligan (1971) 124 CLR 367 cited Herald & Weekly Times Limited v Williams (2003) 130 FCR 435 referred to John Fairfax Group Pty Ltd (Receivers and Managers Appointed) v Local Court of New South Wales (1991) 26 NSWLR 131 referred to Lawrance v Administrative Appeals Tribunal [2005] FCA 541 cited Lawrance v Administrative Appeals Tribunal [2005] FCA 1318 referred to Lawrance v President, Administrative Appeals Tribunal [2005] FCA 79 referred to Minister for Immigration, Multicultural and Indigenous Affairs v NAMW (2004) 140 FCR 572 referred to NAOA v Minister for Immigration, Multicultural and Indigenous Affairs [2004] FCAFC 241 cited Re Pochi and Minister for Immigration and Ethnic Affairs (1979) 26 ALR 247 referred to Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 cited Scott v Scott [1913] AC 417 referred to Sweedman v Transport Accident Commission [2006] HCA 8 referred to Transport Workers Union of Australia v Lee (1998) 84 FCR 60 cited Vietnam Veterans' Affairs Association of Australia NSW Branch Inc v Cohen (1996) 70 FCR 419 referred to M Aronson, B Dyer and M Groves, Judicial Review of Administrative Action (3rd Ed 2004) LAWRANCE v President, Administrative Appeals Tribunal AND ORS NSD 55 of 2005 JACOBSON J SYDNEY 5 APRIL 2006