Ex Christmas Islanders Association Inc v Attorney-General (Cth) (No 2)

The case of Ex Christmas Islanders Association Inc v Attorney-General (Cth) (No 2) involved an application for judicial review by former residents of Christmas Island and their association, challenging decisions by the Commonwealth Attorney-General's Department to limit legal assistance for their proceedings against the Commonwealth in the Supreme Court of Western Australia. The applicants sought substantial funding for their legal costs, estimated between $2 million and $4 million, with damages claimed as high as $500 million. The Federal Court had previously dismissed their application for judicial review in December 2005, finding it lacking in merit and poorly prepared.

The primary legal issue in this case was whether the administration of the Public Interest and Test Cases Scheme, under which the applicants sought legal assistance, was subject to judicial review. The Court held that the Scheme was not amenable to review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) as it was not done pursuant to any statute or delegated legislation but rather under an Appropriation Act. Mandamus was also not available as there was no specific legal duty to enforce. The Court further found that the level of competence in preparing the application for judicial review was significantly deficient, amounting to a breach of duty by the practitioner, Mr. Tom Mijatovic of TRM Legal Services.

In light of the findings, the Court ordered Mr. Mijatovic to pay the respondent's costs of the proceedings and the submissions relating to the costs order. Additionally, the solicitors for the applicants were directed to provide a copy of the reasons for decision to their clients. The applicants were granted liberty to apply for an order disallowing costs between the legal practitioner and themselves under O 69 r 9(1)(a). This case underscores the importance of professional competence in legal practice and the stringent standards expected in applications for judicial review.