Northern NSW FM Pty Ltd v Australian Broadcasting Tribunal

The Federal Court of Australia heard an appeal and cross-appeal concerning a decision by the Australian Broadcasting Tribunal (ABT) regarding the grant of an FM radio licence to serve the Lismore area. Northern Rivers PM Radio Limited (the applicant) sought judicial review of the ABT's decision, and Northern NSW PM Pty Limited (the appellant) sought to intervene. The single judge of the Court had ordered the ABT's report to be set aside and referred back for rehearing, and also directed that Mr Bruce Allen, the ABT member who made the original decision, should not conduct the rehearing due to apprehended bias. The ABT and Northern NSW PM Pty Limited appealed against the direction that Mr Allen should not conduct the rehearing, while Northern Rivers PM Radio Limited cross-appealed against the costs order.

The court considered the principles of apprehended bias in administrative law, and noted that the trial judge exercised his discretion under s.16(1)(b) of the Administrative Decisions (Judicial Review) Act 1977. The court held that the trial judge's order was appropriate given the circumstances of the case, as the Tribunal's consideration of the matter was extensive and strong views had been expressed on the applicant's compliance with the requisite criteria. The court also found that the trial judge's discretion in ordering costs was properly exercised.

Accordingly, the appeal and cross-appeal were dismissed, and each party was ordered to bear its own costs. The Australian Broadcasting Tribunal, as an intervenor, was also ordered to bear its own costs.