Ghanem v Australian Research Council (No 2) [2015] FCA 434

FEDERAL COURT OF AUSTRALIA

Ghanem v Australian Research Council (No 2) [2015] FCA 434 Citation: Ghanem v Australian Research Council (No 2) [2015] FCA 434

Parties: ASHRAF GHANEM v AUSTRALIAN RESEARCH COUNCIL and MINISTER OF EDUCATION

File number: ACD 125 of 2013

Judge: FOSTER J

Date of judgment: 8 May 2015

Catchwords: ADMINISTRATIVE LAW – whether a proposal for a Future Fellowship was void because the Future Fellowship candidate mentioned in that proposal was not permitted to submit that proposal for the reason that that candidate had previously lodged two unsuccessful applications for such funding in the period 2009–2013 and thus contravened subcl 9.1.2 of the relevant Funding Rules by submitting that proposal – whether the applicant waived any entitlement to challenge the validity of his own application – whether the applicant acquiesced in the making of that application

Legislation: Acts Interpretation Act 1901 (Cth), s 2(1), s 33(2A) Australian Research Council Act 2001, ss 51, 52, 53, 59, 60, 61, Pt 7 Div 1 Federal Court of Australia Act 1976 (Cth), s 31A Legislative Instruments Act 2003 (Cth) Federal Court Rules 2011, r 26.01

Cases cited: Ghanem v Australian Research Council [2014] FCA 473 Ghanem v Australian Research Council [2014] FCAFC 132 National Acceptance Corporation Pty Ltd v Benson (1988) 12 NSWLR 213 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Re Refugee Tribunal and Anor; Ex parte Aala (2000) 204 CLR 82 SAAP v Minister for Immigration and Multicultural and Indigenous Affairs (2005) 228 CLR 294