Tanner v Shergold, as delegate of Peter Keaston Reith, Minister of State for Workplace Relations and Small Business

Tanner, the applicant, sought judicial review of decisions made by Shergold, as delegate of the Minister of State for Workplace Relations and Small Business, which impacted Tanner's eligibility for certain benefits. The case was heard by the Federal Court of Australia, where the central issue was whether the decisions and conduct alleged in Tanner's application were amenable to judicial review.

The court had to determine if the alleged decisions outlined in paragraphs 1 and 3 of Tanner's proposed further amended application for review, dated 2 December 1999, were subject to judicial review. Additionally, the court needed to assess whether the alleged conduct in paragraph 2 of the same document could also be reviewed. This required careful consideration of the scope of judicial review and the specific nature of the decisions and conduct in question.

The Federal Court concluded that the alleged decisions mentioned in paragraphs 1 and 3 of the application were indeed amenable to judicial review. However, the court found that the alleged conduct described in paragraph 2 was not subject to review by the Court as sought in Tanner's application. The court reserved the decision on costs for a later date.