Onus v Registrar of Aboriginal and Torres Strait Islander Corporations [2017] FCA 798

Onus v Registrar of Aboriginal and Torres Strait Islander Corporations [2017] FCA 798

Given the parties’ agreement the decision should be set aside and the undertakings given by the special administrator to address transitional concerns (restoring directors, reversing rule changes, not dealing with the CEO issue), it was appropriate under s 16 of the ADJR Act to set aside the decision with effect from 25 August 2017, declining further ancillary orders given uncertainty about the power to grant them and absence of evidence regarding their necessity.

Parties
First Applicant: Sandra Onus; Second Applicant: Christine Cooktown; First Respondent: Registrar of Aboriginal and Torres Strait Islander Corporations; Second Respondent: Paul Case
Jurisdiction
Australia
Judgment Date
17 July 2017
Procedural Posture
Judicial Review Application / Judgment After Hearing; Form of Relief and Orders Determined
Outcome
Decision of the first respondent to place the corporation into special administration and appoint the special administrator set aside with effect from 25 August 2017; no order as to second respondent's costs; costs dispute between applicants and first respondent reserved.
Legal Topics
Judicial Review of Administrative Decisions, Corporations (aboriginal and Torres Strait Islander) Act 2006 – Special Administration, Exercise of Court Powers (s 16 ADJR Act), Remedies and Ancillary Orders
Administrative Law Corporations Law Judicial Review of Administrative Decisions Corporations (aboriginal and Torres Strait Islander) Act 2006 – Special Administration Exercise of Court Powers (s 16 ADJR Act) Remedies and Ancillary Orders

Case Brief

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Parties

Sandra Onus

First Applicant

Christine Cooktown

Second Applicant

Registrar of Aboriginal and Torres Strait Islander Corporations

First Respondent

Paul Case

Second Respondent

Procedural Posture

Judicial Review Application / Judgment After Hearing; Form of Relief and Orders Determined

Legal Issues

  1. 1 Whether the court should set aside the decision to appoint a special administrator under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth) and the appropriate form of relief including ancillary orders under s 16 of the Administrative Decisions Judicial Review Act 1977 (Cth).

Ratio Decidendi

Given the parties’ agreement the decision should be set aside and the undertakings given by the special administrator to address transitional concerns (restoring directors, reversing rule changes, not dealing with the CEO issue), it was appropriate under s 16 of the ADJR Act to set aside the decision with effect from 25 August 2017, declining further ancillary orders given uncertainty about the power to grant them and absence of evidence regarding their necessity.

Court Disposition

Decision of the first respondent to place the corporation into special administration and appoint the special administrator set aside with effect from 25 August 2017; no order as to second respondent's costs; costs dispute between applicants and first respondent reserved.

Orders

  • The decision of the first respondent of 12 June 2017 to put the corporation in special administration, and to appoint the second respondent as special administrator for a period ending on 15 December 2017, set aside with effect from 25 August 2017.
  • No order as to the second respondent's costs of the application.