Dixon, C.B. v The Attorney-General & The Minister for Veterans Affairs v. [1987] FCA 454

Dixon, C.B. v The Attorney-General & The Minister for Veterans Affairs v. [1987] FCA 454

None of the impugned decisions to plead or maintain a limitation defence in the conduct of litigation were decisions made under an enactment as defined in the Administrative Decisions (Judicial Review) Act 1977; the relevant executive government authority is inherent and not derived from the statutes or regulations cited.

Parties
Applicant: Colin Bertram Dixon; Respondent: The Attorney-General; Respondent: The Minister for Veterans' Affairs
Jurisdiction
Australia
Judgment Date
24 August 1987
Procedural Posture
Application for Orders of Review / Hearing of Objections to Competency of Application
Outcome
Objection to competency upheld.
Legal Topics
Decision Under an Enactment, Administrative Decisions (judicial Review) Act 1977, Limitation Defence, Delictual Liability of the Commonwealth
Administrative Law Judicial Review Decision Under an Enactment Administrative Decisions (judicial Review) Act 1977 Limitation Defence Delictual Liability of the Commonwealth

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Parties

Colin Bertram Dixon

Applicant

The Attorney-General

Respondent

The Minister for Veterans' Affairs

Respondent

Procedural Posture

Application for Orders of Review / Hearing of Objections to Competency of Application

Legal Issues

  1. 1 Whether decisions to plead or maintain a limitation defence in civil proceedings are decisions of an administrative character under the Administrative Decisions (Judicial Review) Act 1977
  2. 2 Whether such decisions are made under an enactment within the meaning of the Act

Ratio Decidendi

None of the impugned decisions to plead or maintain a limitation defence in the conduct of litigation were decisions made under an enactment as defined in the Administrative Decisions (Judicial Review) Act 1977; the relevant executive government authority is inherent and not derived from the statutes or regulations cited.

Court Disposition

Objection to competency upheld.