Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kennedy v Secretary, Department of Industry [2016] FCA 485 Appeal from: Kennedy v Secretary, Department of Industry (No 2) [2015] FCA 884
File number: ACD 81 of 2015
Judge: FLICK J
Date of judgment: 11 May 2016
Catchwords: PRACTICE AND PROCEDURE – case management of appeal for hearing PRACTICE AND PROCEDURE – hearing of interlocutory application seeking to restrain solicitors from appearing PRACTICE AND PROCEDURE – refusal of leave to issue subpoenas – no requirement to give reasons ADMINISTRATIVE LAW – statement of reasons – exclusion of decisions in connection with conduct of proceedings – exclusion of duty to provide reasons for decisions requiring production of documents or summoning persons to give evidence
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 3, 13, Sch 2, sub-para (f)(iv) Fair Work Act 2009 (Cth), s 394 Federal Court of Australia Act 1976 (Cth), ss 37M, 37N Federal Court Rules 2011 (Cth), rr 24.01, 24.12(1), 24.15, 36.01
Cases cited: Botany Bay Instrumentation & Control Pty Ltd v Stewart [1984] 3 NSWLR 98 Burswood Management Ltd v Attorney-General (Cth) (1990) 23 FCR 144 Campbell v Illawarra Golf Club Pty Ltd (in liq) [2012] NSWSC 1252 Corrs Pavey Whiting & Byrne v Collector of Customs (Vic) (1987) 14 FCR 434 Dealer Support Services Pty Ltd v Motor Trades Association of Australia Ltd [2014] FCA 1065, (2014) 228 FCR 252 Dowling v Fairfax Media Publications Pty Ltd (No 2) [2010] FCAFC 28 Fonterra Brands (Australia) Pty Ltd v Viropolous [2013] FCA 657, (2013) 304 ALR 332 Grimwade v Meagher [1995] 1 VR 446 Kennedy v Commonwealth of Australia [2013] FWC 9932 Kennedy v Commonwealth of Australia [2014] FWCFB 3530 Kennedy v Secretary, Department of Industry [2015] FCA 714 Kennedy v Secretary, Department of Industry (No 2) [2015] FCA 884 Prince Jefri Bolkiah v KPMG (a firm) [1999] 2 AC 222 Spincode Pty Ltd v Look Software Pty Ltd [2001] VSCA 248, (2001) 4 VR 501 Telstra Corporation Ltd v Australian Competition and Consumer Commission (No 2) [2007] FCA 493, (2007) 97 ALD 652 Wong v Sklavos [2014] FCAFC 120, (2014) 319 ALR 378
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