Federal Court of Australia
Federal Court of Australia BUSS (Queensland) Pty Ltd atf The Building Unions Superannuation Scheme (Queensland) v Australian Prudential Regulation Authority [2025] FCA 31 File number:
Judgment of: DERRINGTON J
Date of judgment: 31 January 2025
Catchwords: ADMINISTRATIVE LAW – application for judicial review of decision of Australian Prudential Regulation Authority and review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether adequate alternative avenue of review available to applicant – consideration of adequacy of internal merits review processes – where circumstances warrant exercise of discretion to refuse to grant relief – application dismissed
Administrative Decisions (Judicial Review) Act 1977 (Cth) Legislation: Migration Act 1958 (Cth) Superannuation Industry (Supervision) Act 1993 (Cth)
Bechara v Bates (2021) 286 FCR 166 CPCF v Minister for Immigration and Border Protection (2015) 255 CLR 514 Cremona v Administrative Appeals Tribunal (2015) 230 FCR 1 Duncan v Fayle (2004) 138 FCR 510 Cases cited: Edelsten v Minister for Health (1994) 58 FCR 419 Kelly v Coats (1981) 35 ALR 93 Luck v Secretary, Services Australia [2024] FCA 1158 Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 Swan Portland Cement Ltd v Comptroller-General of Customs (1989) 25 FCR 523 The King v Commonwealth Court of Conciliation and Arbitration; Ex parte Ozone Theatres (Aust) Ltd (1949) 78 CLR 389
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