FEDERAL COURT OF AUSTRALIA
Priestley v Godwin (No 4) [2009] FCA 560
ADMINISTRATIVE LAW – application for order pursuant to s 23 of the Federal Court of Australia Act 1976 (Cth) (Federal Court Act) that the respondent provide a statement of reasons for decision pursuant to s 13(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) – respondent seeks summary dismissal pursuant to s 31A of the Federal Court Act – whether alleged decision was made – whether s 23 of the Federal Court Act is a source of jurisdiction pursuant to which the order sought by the applicant can be made – whether the applicant is a person aggrieved – whether s 17 of the ADJR Act meant that notice given by previous officer holder not valid for the purposes of s 13(3) of the ADJR Act
Acts Interpretation Act 1901 (Cth) ss 15AA, 33
Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5, 13, 17
Federal Court of Australia Act 1976 (Cth) ss 23, 31A
Parliamentary Service Act 1999 (Cth) ss 13, 48Parliamentary Service Determination 2003/2 (Cth) clauses 2.4.3, 8.2
Australian Conservation Foundation Incorporated v The Commonwealth of Australia (1980) 146 CLR 493 cited
Australian Foreman Stevedores Association v Crone (1989) 20 FCR 377 cited
Griffith University v Tang (2005) 221 CLR 99 cited
Priestley v Godwin (Parliamentary Service Merit Protection Commissioner) (2008) 251 CLR 612 referred to
Thomson Australian Holdings Proprietary Limited v The Trade Practices Commission (1981) 148 CLR 150 cited
Tooheys Ltd v Minister for Business and Consumer Affairs (1981) 36 ALR 64 citedMICHAEL PRIESTLEY v ANNWYN GODWIN, PARLIAMENTARY SERVICE MERIT PROTECTION COMMISSIONER
ACD 1 of 2008
BENNETT J
28 MAY 2009
SYDNEY (HEARD IN CANBERRA)
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
ACD 1 of 2008
BETWEEN: MICHAEL PRIESTLEY
Applicant
AND: ANNWYN GODWIN
PARLIAMENTARY SERVICE MERIT PROTECTION COMMISSIONER
Respondent
JUDGE:
BENNETT J
DATE OF ORDER:
28 MAY 2009
WHERE MADE:
SYDNEY (HEARD IN CANBERRA)
THE COURT ORDERS THAT:
1.The application filed on 3 January 2008 be dismissed pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth).
2.The applicant pay the respondent’s costs of the proceedings, including the costs of the notice of motion for summary dismissal.
Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using eSearch on the Court’s website.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
ACD 1 of 2008
BETWEEN: MICHAEL PRIESTLEY
Applicant
AND: ANNWYN GODWIN
PARLIAMENTARY SERVICE MERIT PROTECTION COMMISSIONER
RespondentJUDGE:
BENNETT J
DATE:
28 MAY 2009
PLACE:
SYDNEY (HEARD IN CANBERRA)
REASONS FOR JUDGMENT
In his application, Mr Priestley seeks the following:
… an Order pursuant to section 23 of the Federal Court of Australia Act 1976 that the Respondent prepare and furnish a statement of reasons pursuant to section 13(1) of the Administrative Decisions (Judicial Review) Act 1977 for decisions of the Acting Parliamentary…
Continue reading Priestley v Godwin (No 4)
Sign in free to access the full text
- AGLC
- Priestley v Godwin (No 4) [2009] FCA 560
- Case
- [2009] FCA 560
- Decision Date
CaseChat Overview and Summary
The court examined Mr Budak's reasons for the decision made on 18 September 2007, which were provided on 17 October 2007. It was established that Mr Budak reviewed the allegations against Ms Briggs and found them insufficient for further investigation. Mr Budak also concluded that there was no obligation to investigate the former Merit Protection Commissioner, Mr Lamond, based on the allegations presented by Mr Priestley. The court found that any decision not to investigate Mr Lamond was implicitly included in the earlier decision of 18 September 2007. Therefore, the court held that the decision-making process was continuous and did not require separate reasons for the later date.
The court concluded that there was no new decision made on 17 October 2007 that required distinct reasons. The reasons provided for the decision on 18 September 2007 adequately explained the decision-making process, including the implicit decision not to investigate Mr Lamond. Consequently, the application for reasons was dismissed.
The court ordered that the application filed on 3 January 2008 be dismissed pursuant to section 31A of the Federal Court of Australia Act 1976 (Cth). Additionally, the applicant was ordered to pay the respondent’s costs of the proceedings, including the costs of the notice of motion for summary dismissal.
Orders
Orders of the court
1. The application filed on 3 January 2008 be dismissed pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth).
2. The applicant pay the respondent’s costs of the proceedings, including the costs of the notice of motion for summary dismissal.
Note:
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: BENNETT J
Full text does not contain this section.