Malek Fahd Islamic School Limited v Minister for Education and Training [2017] FCA 757

FEDERAL COURT OF AUSTRALIA

Malek Fahd Islamic School Limited v Minister for Education and Training [2017] FCA 757 File number: NSD 1053 of 2017

Judge: GRIFFITHS J

Date of judgment: 6 July 2017

Catchwords: ADMINISTRATIVE LAW – application for extension of time to file an originating application – whether acceptable explanation for delay – whether delay caused prejudice – whether substantive application has merits – application for interlocutory relief to refrain delaying of payment of financial assistance pursuant to the Australian Education Act 2013 (Cth) – whether serious question to be tried – where balance of convenience lies Held: application for extension of time and interlocutory relief granted

Legislation: Constitution ss 96, 122 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11, 15 Australian Education Act 2013 (Cth) ss 3, 4, 25, 73, 75, 78, 81, 108, 110, Div 2 and 5 of Part 3 Federal Court of Australia Act 1976 (Cth) s 23

Cases cited: Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 186; 3 FCR 344 Malek Fahd Islamic School Limited v Minister for Education and Training [2016] AATA 1087 Malek Fahd Islamic School Limited v Minister for Education and Training [2016] FCA 807 Minister for Aboriginal Affairs v Peko-Wallsend Ltd [1986] HCA 40; 162 CLR 24 Nyangatjatjara Aboriginal Corporation v Registrar of Aboriginal Corporations (No 2) [2006] FCA 675