Federal Court of Australia
Federal Court of Australia
Brett Cattle Company Pty Ltd v Minister for Agriculture (No 4) [2023] FCA 1303 File number(s): NSD 1102 of 2014
Judgment of: RARES J
Date of judgment: 18 October 2023
Catchwords: PUBLIC INTERNATIONAL LAW – act of State doctrine – where pleading appears to raise issue that decision of Australian Minister caused Indonesian Government to act differently than it would have otherwise acted if Minister acted lawfully – whether allegation engages act of State doctrine and renders claim not justiciable
Legislation: Federal Court of Australia Act 1976 (Cth) Pt IVA Australian Meat and Live-stock Industry (Export of Live-stock to the Republic of Indonesia) Order 2011 (No 2) Export Control (Export of Live-stock to the Republic of Indonesia) Order 2011 Export Control Repeal Order 2011
Cases cited: Attorney-General (UK) v Heinemann Publishers Australia Pty Ltd (1988) 165 CLR 30 Brett Cattle Company Pty Ltd v Minister for Agriculture (No 2) [2020] FCA 916 Brett Cattle Company Pty Ltd v Minister for Agriculture, Fisheries and Forestry (2020) 274 FCR 337 Buttes Gas and Oil Co v Hammer [1982] AC 888 Moti v The Queen (2011) 245 CLR 456 Oetjen v Central Leather Co 246 US 297 (1918) Underhill v Hernandez 168 US 250 (1897)
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
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