Priestley v Godwin (No 4) [2009] FCA 560

FEDERAL COURT OF AUSTRALIA

Priestley v Godwin (No 4) [2009] FCA 560

ADMINISTRATIVE LAW – application for order pursuant to s 23 of the Federal Court of Australia Act 1976 (Cth) (Federal Court Act) that the respondent provide a statement of reasons for decision pursuant to s 13(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) – respondent seeks summary dismissal pursuant to s 31A of the Federal Court Act – whether alleged decision was made – whether s 23 of the Federal Court Act is a source of jurisdiction pursuant to which the order sought by the applicant can be made – whether the applicant is a person aggrieved – whether s 17 of the ADJR Act meant that notice given by previous officer holder not valid for the purposes of s 13(3) of the ADJR Act Acts Interpretation Act 1901 (Cth) ss 15AA, 33 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5, 13, 17 Federal Court of Australia Act 1976 (Cth) ss 23, 31A Parliamentary Service Act 1999 (Cth) ss 13, 48 Parliamentary Service Determination 2003/2 (Cth) clauses 2.4.3, 8.2 Australian Conservation Foundation Incorporated v The Commonwealth of Australia (1980) 146 CLR 493 cited Australian Foreman Stevedores Association v Crone (1989) 20 FCR 377 cited Griffith University v Tang (2005) 221 CLR 99 cited Priestley v Godwin (Parliamentary Service Merit Protection Commissioner) (2008) 251 CLR 612 referred to Thomson Australian Holdings Proprietary Limited v The Trade Practices Commission (1981) 148 CLR 150 cited Tooheys Ltd v Minister for Business and Consumer Affairs (1981) 36 ALR 64 cited MICHAEL PRIESTLEY v ANNWYN GODWIN, PARLIAMENTARY SERVICE MERIT PROTECTION COMMISSIONER

ACD 1 of 2008

BENNETT J

28 MAY 2009

SYDNEY (HEARD IN CANBERRA) IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY ACD 1 of 2008