Animals' Angels e.V. v Secretary, Department of Agriculture

The case involved Animals' Angels e.V., a German animal protection organisation, and the Secretary of the Department of Agriculture. The dispute centred on the Department's decision not to issue a show cause notice to the exporter International Livestock Export Pty Ltd under section 23 of the Australian Meat and Livestock Industry Act 1997 (Cth). Animals' Angels sought judicial review of this decision, claiming that the Department had failed to take into account relevant considerations and had improperly applied its policy by not considering "new evidence." The court had to decide whether the Department had a duty to issue a show cause notice and whether it had failed to consider relevant matters. The case also examined the meaning of the word "may" in the statutory context, the standing of Animals' Angels to seek judicial review, and the appropriate allocation of costs in public interest litigation.

The court held that the Department did not have a duty to issue a show cause notice, as the word "may" in the statute conferred a discretion rather than an obligation. The court further found that the Department's policy of not issuing a show cause notice in the absence of "new evidence" was not an inflexible rule that could be considered irrelevant or a failure to take into account relevant considerations. Regarding standing, the court concluded that Animals' Angels had sufficient special interest in the export of livestock and its regulation to have standing to seek judicial review. Finally, the court declined to depart from the usual rule that costs follow the event, finding no exceptional circumstances to warrant such a departure.

The primary judge's orders were set aside, and the respondent's notice of objection to competency was dismissed. The appeal was otherwise dismissed, and Animals' Angels was ordered to pay the respondent's costs of the appeal as agreed or taxed. The costs order was made under Rule 39.32 of the Federal Court Rules 2011.