Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wiseway Logistics Pty Ltd v Secretary, Department of Home Affairs [2024] FCA 427 File number: NSD 120 of 2024
Judgment of: KENNETT J
Date of judgment: 26 April 2024
Catchwords: ADMINISTRATIVE LAW – application for judicial review of Administrative Appeals Tribunal (Tribunal) decision refusing stay of respondent's decision not to renew applicant's designation as a registered air cargo agent – whether Tribunal was required to give weight to reg 4.43F of the Aviation Transport Security Regulations 2005 (Cth) when considering whether a stay should be granted – whether the Tribunal exceeded its jurisdiction by reasoning that the public interest weighed against a stay ADMINISTRATIVE LAW – where applicant seeks to appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) (AAT Act) from Tribunal's decision not to grant a stay under s 41 of the AAT Act – whether appeal under s 44 competent
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 41, 44, 44A Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 13, 16 Aviation Transport Security Act 2004 (Cth) ss 3, 10, 44B, 44C Corporations Act 2001 (Cth) Judiciary Act 1903 (Cth) s 39B Aviation Transport Security Regulations 2005 (Cth) regs 1.03, 4.41C, 4.41CA, 4.41M, 4.41JB, 4.42, 4.43, 4.43A, 4.43B, 4.43C, 4.43D, 4.43E, 4.43G, 4.43F, 4.44, 4.44A, 4.44B, 4.44C, 4.46, 8.04
Cases cited: AJN23 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 130 Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue (NT) [2009] HCA 41; 239 CLR 27 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Australian Securities and Investments Commission v Administrative Appeals Tribunal [2009] FCAFC 185; 181 FCR 130 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Director-General of Social Services v Chaney (1980) 47 FLR 80 Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26; 77 ALJR 1088 Foster v Minister for Customs and Justice [2000] HCA 38; 200 CLR 442 Frugtniet v Tax Practitioners Board [2013] FCA 752 Hilder v Dexter [1902] AC 474 King Eeducational Service Pty Ltd v Australian Skills Quality Authority [2021] FCA 42 Kumar v Secretary, Department of Social Services [2019] FCA 202 LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 Mahaffy v Administrative Appeals Tribunal [2015] FCA 251 Masi-Haini v Minister for Home Affairs [2023] FCAFC 126; 298 FCR 277 Minister for Immigration and Border Protection v WZARH [2015] HCA 40; 256 CLR 326 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Multicultural Affairs v Eshetu [1999] HCA 21; 197 CLR 611 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 [2003] HCA 30; 198 ALR 59 Re Nelson and Tax Agents Board (1993) 26 ATR 1213; 30 ALD 317 Re Scott and Australian Securities and Investments Commission [2009] AATA 798 Regional Express Holdings Ltd v Australian Federation of Air Pilots [2017] HCA 55; 262 CLR 456 Shi v Migration Institute of Australia Ltd [2003] FCA 1304; 134 FCR 326 Transcon Holding Pty Ltd v Aged Care Quality and Safety Commission [2020] FCA 780
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate