Animals Australia Federation v Secretary, Department of Agriculture, Water and the Environment [2020] FCA 905

FEDERAL COURT OF AUSTRALIA

Animals Australia Federation v Secretary, Department of Agriculture, Water and the Environment [2020] FCA 905 File number: VID 392 of 2020

Judge: KENNY J

Date of judgment: 16 June 2020

Date of publication of reasons: 26 June 2020

Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision to grant an exemption under s 12(1) of the Australian Meat and Live-Stock Industry (Prohibition of Export of Sheep by Sea to Middle East – Northern Summer) Order 2020 to permit the export of sheep in the Northern Hemisphere summer – standing of the applicant – whether the applicant had a sufficient interest to be entitled to procedural fairness – where applicant established with the purpose of preventing or relieving the suffering of animals – applicant's purpose, policy and expertise regarding animal welfare and sheep exports insufficient – course of dealings with the Department did not create an obligation to afford procedural fairness – whether failure to invite the applicant to update information provided by it unreasonable – application dismissed

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5(1), 16(1) Australian Meat and Live-stock Industry Act 1997 (Cth) s 17 Judiciary Act 1903 (Cth) s 39B(1A) Australian Meat and Live-Stock Industry (Prohibition of Export of Sheep by Sea to Middle East – Northern Summer) Order 2020 (Cth) ss 8, 11, 12, 13

Cases cited: Annetts v McCann [1990] HCA 57; 170 CLR 596 Botany Bay City Council v Minister of State for Transport and Regional Development (1996) 66 FCR 537 Degning v Minister for Home Affairs [2018] FCA 1152 Degning v Minister for Home Affairs [2019] FCAFC 67; 270 FCR 451 FAI Insurance v Winneke [1982] HCA 26; 151 CLR 342 Ferguson v Cole [2002] FCA 1411; 121 FCR 402 Geelong Community for Good Life Inc v Environment Protection Authority [2008] VSC 185; 20 VR 338 Griffith University v Tang [2005] HCA 7; 221 CLR 99 Kioa v West (1985) 159 CLR 550 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; 256 CLR 326 Minister for Immigration and Citizenship v Le [2007] FCA 1318; 164 FCR 151 Minister for Immigration and Citizenship v Li [2013] HCA 18; 249 CLR 332 Minister for Immigration and Citizenship v SZIAI [2009] HCA 39; 259 ALR 429 Onus v Alcoa of Australia Ltd (1981) 149 CLR 27 Plaintiff S10/2011 v Minister for Immigration and Citizenship [2012] HCA 31; 246 CLR 636 Queensland Medical Laboratory v Blewett (1988) 84 ALR 615 Re Minister for Immigration and Multicultural and Indigenous Affairs; ex parte Lam [2003] HCA 6; 214 CLR 1 Rivers SOS Inc v Minister for Planning [2009] NSWLEC 213; 178 LGERA 347 Wilderness Society Inc v Turnbull [2007] FCAFC 175; 166 FCR 154