Azaria Family Day Care Pty Ltd v Secretary, Department of Education and Training [2018] FCA 1640

FEDERAL COURT OF AUSTRALIA

Azaria Family Day Care Pty Ltd v Secretary, Department of Education and Training [2018] FCA 1640 File number: VID 1383 of 2018

Judge: WHEELAHAN J

Date of judgment: 1 November 2018

Catchwords: ADMINISTRATIVE LAW – judicial review of a decision of a delegate of the respondent to cancel the applicant's approval as a provider of child care services under s 195H(1)(b) of A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) PRACTICE AND PROCEDURE – application for suspension of operation of decision – whether operation of Secretary's decision should be suspended – whether there are arguable grounds for review – prejudice to the applicant – whether interests of justice favour granting a suspension of the decision COSTS – costs sought by applicant – no special circumstances – costs reserved

Legislation: Acts Interpretation Act 1901 (Cth), s 15AA Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11(3), 15(1)(a) A New Tax System (Family Assistance) Act 1999 (Cth) s 85GB A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) s 194E, 195 (repealed), 195H, 109A, 199A, 200 (repealed), 201 (repealed) Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017 (Cth) Federal Court of Australia Act 1976 (Cth) s 23 Migration Act 1958 (Cth) s 482(2) Child Care Subsidy Minister's Rules 2017 s 46, 52(3), 54(4), 74, 75 Federal Court Rules 2011 r 40.04