VALACK & VALACK (No.2)

The Federal Circuit Court of Australia, presided over by Judge Jarrett, considered an application for review concerning the Registrar's decision not to file an initiating application presented on 21 February 2020. The applicant sought to have this decision set aside and the initiating application deemed to have been filed on its original presentation date.

The central legal issue before the court was whether the Registrar's refusal to file the initiating application was a reviewable decision under the Administrative Decisions (Judicial Review) Act 1977 (Cth) and, if so, whether the court should set aside that decision and order the application to be filed retrospectively. The court also had to consider the procedural steps necessary to bring the matter before it for determination.

Judge Jarrett reasoned that the Registrar's decision not to file the application constituted an administrative decision for the purposes of the Administrative Decisions (Judicial Review) Act 1977. The court exercised its power to treat the application for review as if it were made pursuant to s.11(1) of that Act for relief under s.5(1), and dispensed with compliance with certain Federal Circuit Court Rules to facilitate this. The court found that the Registrar's refusal was not justified and ordered that the decision be set aside. The court further ordered that upon presentation of the initiating application with the appropriate fee, the Registrar should file it and deem it to have been filed on 21 February 2020. The respondent was directed to file a response by 16 July 2020, and the matter was adjourned for its first return date on 8 September 2020.