Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pow Wow Training Pty Ltd v Australian Skills Quality Authority [2012] FCA 1245 Citation: Pow Wow Training Pty Ltd v Australian Skills Quality Authority [2012] FCA 1245
Parties: POW WOW TRAINING PTY LTD (ACN 120 698 231) v AUSTRALIAN SKILLS QUALITY AUTHORITY
File number: VID 860 of 2012
Judge: JESSUP J
Date of judgment: 7 November 2012
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5 & 11 Judiciary Act 1903 (Cth) s 39B National Vocational Education and Training Regulator Act 2011 (Cth) ss 17, 31, 35-38
Date of hearing: 7 November 2012
Place: Melbourne
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 15
Counsel for the Applicant: Mr J Pizer
Solicitor for the Applicant: Wilmoth Field Warne
Counsel for the Respondent: Mr P Cribb
Solicitor for the Respondent: Australian Skills Quality Authority
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 860 of 2012
BETWEEN: POW WOW TRAINING PTY LTD (ACN 120 698 231)
Applicant
AND: AUSTRALIAN SKILLS QUALITY AUTHORITY
Respondent
JUDGE: JESSUP J DATE OF ORDER: 7 NOVEMBER 2012 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. Pursuant to s 11(1)(c) of the Administrative Decisions (Judicial Review) Act 1977 (Cth), the applicant be allowed until 31 October 2012 to lodge its application for an order of review of the decision of the respondent, notified to the applicant by letter dated 17 September 2012, to reject the applicant's application to renew its registration as a registered training organisation pursuant to the provisions of the National Vocational Education and Training Regulator Act 2011 (Cth). 2. Upon the applicant by its counsel undertaking, pending the hearing of this proceeding or further order, not to enrol or seek to enrol any student in a VET course or part of a VET course, the operation of the decision of the respondent, notified to the applicant on 5 October 2012, to suspend all of the applicant's scope of registration under s 38 of the National Vocational Education and Training Regulator Act 2011 (Cth) be stayed pending the hearing and determination of this proceeding or further order. 3. The applicant have leave to file and serve any further affidavit material upon which it intends to rely at or before 4:00 pm on 8 November 2012. 4. The respondent file and serve any affidavit material upon which it intends to rely at or before 4:00 pm on 9 November 2012. 5. The applicant file and serve its outline of submissions at or before 10:00 am on 12 November 2012. 6. The respondent file and serve its outline of submissions at or before 10:00 am on 14 November 2012. 7. The proceeding be given expedition and be listed for hearing on a date to be notified to the parties. 8. Costs be reserved. 9. The parties have liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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