Nine Network Australia Pty Ltd v Civil Aviation Safety Authority [2021] FCA 1160

Federal Court of Australia

Nine Network Australia Pty Ltd v Civil Aviation Safety Authority [2021] FCA 1160 File number(s): VID 543 of 2021

Judgment of: ROFE J

Date of judgment: 23 September 2021

Catchwords: ADMINISTRATIVE LAW – application for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – urgent suspension or stay of decision – where respondent declared restricted area under Airspace Regulations 2007 (Cth)

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Airspace Regulations 2007 (Cth)

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 7

Date of hearing: 23 September 2021

Counsel for the Applicants: Mr W T Houghton QC with Ms C Mintz

Solicitor for the Applicants: Thomson Geer

Counsel for the Respondent: Mr P J Hanks QC

Solicitor for the Respondent: MinterEllison

ORDERS VID 543 of 2021

BETWEEN: NINE NETWORK AUSTRALIA PTY LTD (ACN 008 685 407) First Applicant

SEVEN NETWORK (OPERATIONS) LIMITED (ACN 052 845 262) Second Applicant

AUSTRALIAN BROADCASTING CORPORATION Third Applicant

AND: CIVIL AVIATION SAFETY AUTHORITY Respondent

order made by: ROFE J DATE OF ORDER: 23 SEPTEMBER 2021

THE COURT ORDERS THAT:

1. Until further order, the operation of the first and second decisions of the respondent, as defined in the originating application of 23 September 2021, made on 22 September 2021 to declare the area within a 3 nautical mile radius of coordinates 374900S 1445800E a restricted area be stayed. 2. The matter be referred to a judge for the substantive hearing of the application. 3. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.