Abramov v Minister for Foreign Affairs (No 3) [2023] FCA 1340

Federal Court of Australia

Abramov v Minister for Foreign Affairs (No 3) [2023] FCA 1340 File number(s): VID 335 of 2022

Judgment of: KENNY J

Date of judgment: 3 November 2023

Catchwords: PRACTICE AND PROCEDURE – where revoked instrument affected by material jurisdictional error – whether applicant entitled to declaratory relief

Legislation: Autonomous Sanctions Regulations 2011

Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Gardner v Dairy Industry Authority of New South Wales (1977) 18 ALR 55 Moodie v Racing Integrity Commissioner [2017] VSC 693

JD Heydon, MJ Leeming and PG Turner, Meagher, Gummow & Lehane's Equity Doctrines & Remedies (5th ed)

Division: General Division

Registry: Victoria

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 20

Date of last submission/s: 20 October 2023

Counsel for the Applicant: Mr R Merkel KC with Mr S Rajanayagam and Mr J Maxwell

Solicitor for the Applicant: Levitt Robinson

Counsel for the Respondent: Mr P D Herzfeld SC with Mr B Lim

Solicitor for the Respondent: Australian Government Solicitor

ORDERS VID 335 of 2022

BETWEEN: ALEXANDER ABRAMOV Applicant

AND: MINISTER FOR FOREIGN AFFAIRS Respondent

order made by: KENNY J DATE OF ORDER: 3 November 2023

THE COURT DECLARES THAT: 1. Item 103 of s 2 of Schedule 1 to the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Russia and Ukraine) Amendment (No 11) Instrument 2022 (Cth) is void and of no effect. AND THE COURT ORDERS THAT: 2. The Amended Originating Application is otherwise dismissed. 3. There be no order as to costs, with the intent that each party bear its own costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.