Malek Fahd Islamic School Limited v Minister for Education and Training [2016] FCA 807

FEDERAL COURT OF AUSTRALIA

Malek Fahd Islamic School Limited v Minister for Education and Training [2016] FCA 807 File number: NSD 944 of 2016

Judge: RARES J

Date of judgment: 21 June 2016

Catchwords: STATUTORY INTERPRETATION – Australian Education Act 2013 (Cth) – Ministerial determination under s 25(1)(d) that school would receive annual entitlement in four quarterly instalments – where Minister revoked under s 81(1)(a) school's status as approved authority to receive entitlements due to non-compliance with ss 75, 77 and 78 – Administrative Appeals Tribunal stay of revocation under s 81(1)(a) – whether stay prohibited Minister making further decisions under the Act to delay a payment under s 110(1)(c)(i) – where decision under s 81(1)(a) depended on Minister's satisfaction of non-compliance – whether s 110(1)(c)(i) engaged if Minister satisfied of non-compliance or by existence of jurisdictional fact of non-compliance – whether implied power to delay payment of instalment while Minister considers exercising power under s 110(1)(c)(i) ADMINISTRATIVE LAW – Judiciary Act 1903 (Cth) – mandamus or injunctive relief sought under s 39B(1) to compel Minister to pay delayed quarterly instalment – where Minister had a public legal duty to pay the quarterly instalment –whether declaratory relief would provide a more convenient and satisfactory remedy – whether mandatory injunction that Minister cause payment to be made should take immediate effect or allow further time to enable consideration of exercise of powers under s 110(1)(c)(i)

Legislation: Australian Education Act 2013 (Cth) ss 3, 23, 25, 26, 73, 75, 77, 78, 81, 108, 110, 118, 120, 122, 126 Constitution s 96 Administrative Appeals Tribunal Act 1975 (Cth) s 41 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 16 Corporations Act 2001 (Cth) Pt 5.3A Judiciary Act 1903 (Cth) s 39B Acts Interpretation Act 1901 (Cth) s 33