Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smart City Vocational College Pty Ltd v Australian Skill Quality Authority [2017] FCA 198 File number: QUD 53 of 2017
Judge: RANGIAH J
Date of judgment: 10 February 2017
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction to restrain publication of media release – judicial review of decision to cancel applicant's registration – whether prima facie case – balance of convenience – public interest – application dismissed
Legislation: National Vocational Education and Training Regulator Act 2011 ss 39(1) and 209
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57
Date of hearing: 10 February 2017
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 12
Counsel for the Applicant: Ms DA Skenner
Solicitor for the Applicant: Morgan Conley Solicitors
Counsel for the Respondent: Mr G Del Villar
Solicitor for the Respondent: Australian Government Solicitor
ORDERS QUD 53 of 2017
BETWEEN: SMART CITY VOCATIONAL COLLEGE PTY LTD ACN 084 423 585 Applicant
AND: AUSTRALIAN SKILL QUALITY AUTHORITY Respondent
JUDGE: RANGIAH J DATE OF ORDER: 10 FEBRUARY 2017
THE COURT ORDERS THAT:
1. The application for an interlocutory injunction be dismissed. 2. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
EX TEMPORE REASONS FOR JUDGMENT
RANGIAH J: 1 The applicant has filed an amended originating application seeking judicial review of the following decisions or conduct of the respondent: (a) on 30 January 2017 – to cancel the applicant's registration under s 39 of the National Vocational Education and Training Regulator Act 2011 ("the Act"); (b) on 6 February 2017 – to publish a media release; and (c) on 7 February 2017 – to release particular information to a journalist. 2 The application presently before the Court is an application for an interlocutory injunction restraining the respondent from publishing a media release in the form proposed by the respondent. The form of the proposed media release is as follows: Smart City Vocational College has registration cancelled 07 February 2017
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate