June & Juniper PTY LTD and Australian Trade and Investment Commission (Austrade)

June & Juniper PTY LTD sought judicial review of a decision by the Australian Trade and Investment Commission (Austrade) concerning eligibility for Export Market Development Grants (EMDGs). The dispute centred on whether fitness products sold by June & Juniper via Amazon constituted "eligible goods" for the purposes of the EMDG scheme, and whether Australia would derive a significant net benefit from their sale outside Australia. The matter was heard by Deputy President B W Rayment Oam Kc P of the Administrative Appeals Tribunal.

The Tribunal was required to determine two primary legal issues. Firstly, whether the fitness products offered by June & Juniper qualified as "eligible goods" under the relevant provisions of the *Export Market Development Grants Act 1997* (Cth) and associated legislation. Secondly, the Tribunal had to assess whether the sale of these goods outside Australia would result in a "significant net benefit" to Australia, as stipulated by the scheme's criteria.

Deputy President Rayment reasoned that the Tribunal had not adequately considered the evidence presented by June & Juniper regarding the nature of their goods and the potential benefits to Australia. The decision under review was found to be affected by an error of law, specifically a failure to properly engage with the applicant's case and the statutory requirements. Consequently, the Tribunal set aside Austrade's decision and remitted the matter back to Austrade for redetermination according to law.