King Eeducational Service Pty Ltd v Chief Executive Officer of the Australian Skills Quality Authority (No 2) [2021] FCA 183

Federal Court of Australia

King Eeducational Service Pty Ltd v Chief Executive Officer of the Australian Skills Quality Authority (No 2) [2021] FCA 183 File number(s): VID 30 of 2021

Judgment of: WHEELAHAN J

Date of judgment: 5 March 2021

Catchwords: ADMINISTRATIVE LAW – application for stay of a decision of the Administrative Appeals Tribunal to affirm the respondent's decision to refuse to renew registration, and of the respondent's original decision – where Tribunal ordered stay of respondent's original decision – whether the Tribunal's decision came into effect notwithstanding the Tribunal's stay of the original decision – whether Court can make an order under s 44A(2) of the Administrative Appeals Tribunal Act 1975 (Cth) with retrospective operation – whether stay should be granted unconditionally or on terms – stay granted with retrospective operation and on terms

Legislation: Acts Interpretation Act 1901 (Cth) ss 15AA, 33(3) Administrative Appeals Tribunal Act 1975 (Cth) ss 41(2) (3) and (6), 43(5A) to (5C), 44, 44(5), 44A(1), (2) and (4) Administrative Decisions (Judicial Review) Act 1977 (Cth) s 15 Bankruptcy Act 1966 (Cth) s 37(1) Education Services for Overseas Students Act 2000 (Cth) ss 9AB, 9AC(5), 19(1)(c) and (d), 46A, 108, 113 Fair Work Act 2009 (Cth) s 603 Federal Court of Australia Act 1976 (Cth) s 23 Judiciary Act 1903 (Cth) s 39B Migration Act 1958 (Cth) s 482 Administrative Decisions Review Act 1997 (NSW) s 60 Civil and Administrative Tribunal Act 2013 (NSW) s 61 Security Industry Act 1997 (NSW) s 29(3) Supreme Court Act 1970 (NSW) s 66(4) Federal Court of Australia Rules 2011 (Cth) r 1.61(5) Maxwell on Statutes, 6th ed