Australian National Imams Council Limited v Australian Communications and Media Authority [2021] FCA 210

Federal Court of Australia

Australian National Imams Council Limited v Australian Communications and Media Authority [2021] FCA 210 File number: NSD 170 of 2021

Judgment of: FLICK J

Date of judgment: 11 March 2021

Catchwords: BROADCASTING – application for renewal of broadcasting licence – right of another entity to provide submissions as to whether it could provide a better service – interlocutory application seeking relief before final decision made on renewal application – whether media authority has the power to grant a temporary broadcasting licence PRACTICE AND PROCEDURE – application for interlocutory relief – whether a serious question to be tried – whether the balance of convenience favours the granting of relief

Legislation: Broadcasting Services Act 1992 (Cth) ss 3, 4, 5, 82, 84, 90, 91; Pts 1, 4, 6, 6A

Division: General Division

Registry: New South Wales

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 35

Date of hearing: 11 March 2021

Counsel for the Applicant: Mr R Angyal SC

Solicitor for the Applicant: Eakin McCaffery Cox, Lawyers

Counsel for the Respondent: Ms P Abdiel

Solicitor for the Respondent: Australian Government Solicitor

ORDERS NSD 170 of 2021

BETWEEN: AUSTRALIAN NATIONAL IMAMS COUNCIL LIMITED (ACN 122 669 318) Applicant

AND: AUSTRALIAN COMMUNICATIONS AND MEDIA AUTHORITY Respondent

order made by: FLICK J DATE OF ORDER: 11 MARCH 2021

THE COURT ORDERS THAT:

1. The Interlocutory Application dated 8 March 2021 is dismissed. 2. The Respondent's costs are to be its costs in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.