FEDERAL COURT OF AUSTRALIA
Allison v Murphy (No 2) [2021] FCA 1631
File number: QUD 389 of 2021 Judgment of: ALLSOP CJ Date of judgment: 22 December 2021 Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 13
Federal Court of Australia Act 1976 (Cth) ss 25(1AA), 25(2), 37M(1), 37M(3)
Federal Court Rules 2011 (Cth) r 36.05
Cases cited: Allison v Murphy [2021] FCA 1551
Allison v Murphy [2021] FCAFC 232
Décor Corp Pty Ltd v Dart Industries Inc (1991) 33 FCR 397
Edwards v Santos Limited [2010] FCA 34
Ensham Resources Pty Ltd v AIOI Insurance Company Ltd [2012] FCA 822
Martin & Pleasance Pty Ltd v A Nelson & Co Ltd [2021] FCA 368
Minister for Immigration & Multicultural &Indigenous Affairs v WAKX [2005] FCA 227; 222 FCR 446
Oswal v Burrup Fertilisers Pty Ltd (Receivers and Managers Appointed) [2011] FCA 536
Division: General Division Registry: Queensland National Practice Area: Commercial and Corporations Sub-area: General and Personal Insolvency Number of paragraphs: 22 Counsel for the Applicant: Mr J Frankcom Solicitor for the Applicant: CCA Legal Pty Ltd Counsel for the Respondent: Mr AJH Morris QC ORDERS
QUD 389 of 2021 BETWEEN: PAUL FRANCIS ALLISON
Applicant
AND: JOHN PAUL MURPHY
Respondent
ORDER MADE BY:
ALLSOP CJ
DATE OF ORDER:
22 DECEMBER 2021
THE COURT ORDERS THAT:
1.The respondent’s purported request under s 13 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) be dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
ALLSOP CJ:
On 29 November 2021, I made a direction under s 25(2) of the Federal Court of Australia Act 1976 (Cth) (FCA Act) that the application made by the applicant for an extension of time within which to institute an appeal be heard and determined by a Full Court immediately prior to, or concurrently with, any appeal in this matter. In answer to the applicant’s request for expedition of the application, I granted expedition and the application and any appeal was set down for hearing by a Full Court on 15 December 2021. On 30 November 2021, the Court received from the respondent, through his senior counsel, a purported request under s 13 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) for reasons in support of my s 25(2) direction. What follows are the reasons for my direction under s 25(2) and my grant of expedition. The direction is not an administrative act subject to the ADJR Act, but a decision so intimately connected to the exercise of judicial power and the discharge of the Court’s business as to be judicial.
Background
This matter concerns an appeal against a decision of the Federal Circuit and Family Court of Australia (Division…
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- AGLC
- Allison v Murphy (No 2) [2021] FCA 1631
- Case
- [2021] FCA 1631
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on the interpretation and application of section 13 of the Administrative Decisions (Judicial Review) Act 1977 (Cth). Specifically, the court had to decide whether the respondent’s application was properly made and whether it complied with the procedural prerequisites set out in the Act. The court also had to assess the timeliness and scope of the respondent’s request for review, given the context of the statutory decision at hand.
In delivering its judgment, the court examined the statutory language and relevant case law to determine the parameters of section 13. It found that the respondent’s application did not meet the necessary criteria for judicial review as it was neither made within the specified time limits nor did it address the correct subject matter. Consequently, the court dismissed the respondent’s request for review. The court’s reasoning underscored the importance of strict adherence to statutory procedures in judicial review applications.
The court subsequently entered orders dismissing the respondent’s request under section 13 of the Administrative Decisions (Judicial Review) Act 1977 (Cth). This decision was in line with the procedural directives outlined in Rule 39.32 of the Federal Court Rules 2011.
Orders
Orders of the court
1. The respondent’s purported request under s 13 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) be dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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