Federal Court of Australia
Federal Court of Australia
Barnett v Minister for Health and Aged Care [2023] FCA 1139 File number: VID 407 of 2021
Judgment of: SNADEN J
Date of judgment: 26 September 2023
Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision made under Scheme for Compensation for Detriment caused by Defective Administration – where claim made relating to refusal in 1990 to provide capital grant funds under a government policy initiative – whether refusal was product of defective administration – whether assessment of defect in 2021 conducted in accordance with applicable scheme – whether decision involved constructive failure to exercise jurisdiction – whether decision was legally unreasonable – no jurisdictional error – application dismissed
Legislation: Judiciary Act 1903 (Cth) s 39B National Health Act 1953 (Cth) ss 39A, 39B
Cases cited: Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 236 FCR 593 Bat Advocacy NSW Inc v Minister for Environment Protection, Heritage and the Arts (2011) 180 LGERA 99 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2021) 288 FCR 23 Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2023) 97 ALJR 214 Faulkner v Conwell (1989) 21 FCR 41 Minister for Immigration and Multicultural Affairs v Yusuf (2001) 206 CLR 323 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Soliman v University of Technology, Sydney (2012) 207 FCR 277
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