Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Animals' Angels e.V. v Secretary, Department of Agriculture [2014] FCA 398 Citation: Animals' Angels e.V. v Secretary, Department of Agriculture [2014] FCA 398
Parties: ANIMALS' ANGELS e.V. v SECRETARY, DEPARTMENT OF AGRICULTURE
File number: NSD 952 of 2012
Judge: EDMONDS J
Date of judgment: 24 April 2014
Catchwords: JUDICIAL REVIEW – Administrative Decisions (Judicial Review) Act 1977 (Cth) – Judiciary Act 1903 (Cth) – originating application seeking review of decision not to issue show cause notice pursuant to s 23 of the Australian Meat and Live-stock Industry Act 1997 (Cth) – interlocutory application to extend time to review anterior decision giving approval for veterinarian to leave a vessel prior to final discharge of live-stock – interlocutory application to amend originating application so as to review failure to exercise alleged duty to consider issuing show cause notice aforesaid – objection to competency going to standing of applicant – whether powers to issue notice or consider same were powers coupled with a duty – objection to competency upheld – applications dismissed
Legislation: Acts Interpretation Act 1901 (Cth) s 33(2A) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Judiciary Act 1903 (Cth) s 39B Australian Meat and Live-stock Industry Act 1997 (Cth) ss 23, 24 Export Control Act 1982 (Cth) Export Control (Orders) Regulations 1982 (Cth) Australian Meat and Live-stock Industry (Standards) Order 2005 (Cth) Export Control (Animals) Order 2004 ss 2.47, 2.48, 2.49 Federal Court Rules 2011 r 31.02
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