Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Phoenix Institute of Australia Pty Ltd v Commonwealth of Australia [2016] FCA 190 File number: VID 918 of 2015
Judge: MOSHINSKY J
Date of judgment: 4 March 2016
Catchwords: ADMINISTRATIVE LAW – scheme for payments to be made by the Commonwealth to providers of vocational education and training – determination that advance is to be made – advance payable in monthly instalments – decision to defer payment of instalment – mistaken reliance on incorrect delegation – whether decision invalid or of no effect STATUTORY INTERPRETATION – scheme for payments to be made by the Commonwealth to providers of vocational education and training – amounts to be paid at such times as the Secretary determines – whether power extends to deferral of a particular payment to a particular provider – Secretary may determine that an advance is to be made to a provider – whether determination gives rise to an obligation to pay
Legislation: Administrative Appeals (Judicial Review) Act 1977 (Cth) Education Services for Overseas Students Act 2000 (Cth) Higher Education Support Act 2003 (Cth), Sch 1A Judiciary Act 1903 (Cth), s 39B Legislative Instruments Act 2003 (Cth), Part 5 National Vocational Education and Training Regulator Act 2011 (Cth)
Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (NT) (2009) 239 CLR 27 Barnes v Victoria [2015] VSCA 343 Brown v West (1990) 169 CLR 195 Commissioner of Taxation v Consolidated Media Holdings Ltd (2012) 250 CLR 503 Commissioner of Taxation v Multiflex Pty Ltd (2011) 197 FCR 580 Dura (Australia) Construction Pty Ltd v Victorian Managed Insurance Authority (2009) 31 VAR 193 Eastman v Director of Public Prosecutions (ACT) (2003) 214 CLR 318 Fares Rural Meat and Livestock Co Pty Ltd v Australian Meat and Live-stock Corporation (1990) 96 ALR 153 Mercantile Mutual Life Insurance v Australian Securities Commission (1993) 40 FCR 409 Moore v Attorney-General (Irish Free State) [1935] AC 484 R v Bevan; ex parte Elias and Gordon (1942) 66 CLR 452 Saeed v Minister for Immigration and Citizenship (2010) 241 CLR 252 South Australia v O'Shea (1987) 163 CLR 378 Thiess v Collector of Customs (2014) 250 CLR 664
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