Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kamha v Australian Prudential Regulation Authority [2007] FCA 1422
ADMINISTRATIVE LAW – judicial review of a decision by the Australian Prudential Regulation Authority – reconsideration following appeal to be conducted in light of current circumstances – nature of judicial discretion under s 16 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – consideration of prejudice to applicant – consideration of public interest – consideration of full merits review as a suitable alternative remedy INSURANCE – decision of the Australian Prudential Regulation Authority to disqualify a person from being or acting in various capacities pursuant to s 25A of the Insurance Act 1973 (Cth) – appropriate methods of challenge to decision
Administrative Decisions (Judicial Review) Act 1976 (Cth), s 10, s 16 Insurance Act 1973 (Cth) s 25A, s 63
Kamha v Australian Prudential Regulation Authority (2005) 146 FCR 24related Kamha v Australian Prudential Regulation Authority [2005] FCA 688related Kamha v Australian Prudential Regulation Authority (2005) 147 FCR 516 considered Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 cited Boral Gas (NSW) Pty Ltd v Magill (1993) 32 NSWLR 501 cited Du Pont (Aust) Ltd v Comptroller-General of Customs (1993) 30 ALD 829, [1993] FCA 187 followed Lamb v Moss (1983) 49 ALR 533, (1983) 76 FLR 296, (1983) 5 ALD 446 cited McGowan v Migration Agents Registration Authority (2003) 129 FCR 118 followed NAUV v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 79 ALD 149, [2003] FCA 1319 followed New South Wales Bar Association v Stevens (2003) 52 ATR 602, [2003] NSWCA 95 cited Re Refugee Tribunal; Ex parte Aala (2000) 204 CLR 82 cited Re VBJ and Australian Prudential Regulation Authority (2005) 87 ALD 747, (2005) 60 ATR 1013 referred to Saitta Pty Ltd v Commonwealth (2000) 106 FCR 554 followed Seymour v Attorney-General (Cth) (1984) 4 FCR 498 cited Stack v Commissioner of Patents (1999) 161 ALR 531cited Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523cited Tooth & Co Ltd v Parramatta City Council (1955) 97 CLR 492 cited ASHRAF IBRAHIM HELMY KAMHA v AUSTRALIAN PRUDENTIAL REGULATION AUTHORITY AND DARRYL ROBERTS NSD 271 OF 2005
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate