Dunstan v von Doussa [2008] FCA 97

Dunstan v von Doussa [2008] FCA 97

Section 18(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) confers a right to intervene on the Attorney-General, who upon intervention is deemed to be a party to the proceeding; leave to intervene is not required, but would have been granted if necessary.

Jurisdiction
Australia
Judgment Date
22 February 2008
Procedural Posture
Judicial Review / Reasons for Interlocutory Order (joinder of Attorney General)
Outcome
Order for joinder of the Attorney-General as a party to the proceeding (interlocutory); reasons given for that order.
Legal Topics
["attorney General's Right to Intervene" 'joinder of Parties' 'judicial Review Under ADJR Act']
['administrative Law' 'practice and Procedure'] ["attorney General's Right to Intervene" 'joinder of Parties' 'judicial Review Under ADJR Act']

Case Brief

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Procedural Posture

Judicial Review / Reasons for Interlocutory Order (joinder of Attorney General)

Legal Issues

  1. 1 ['Whether the Attorney-General has a right to intervene in proceedings under s 18 of the Administrative Decisions (Judicial Review) Act 1977 (Cth)' "Whether leave is required for the Attorney-General's intervention" "Circumstances for Attorney-General's intervention 'on behalf of the Commonwealth'"]

Ratio Decidendi

Section 18(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) confers a right to intervene on the Attorney-General, who upon intervention is deemed to be a party to the proceeding; leave to intervene is not required, but would have been granted if necessary.

Court Disposition

Order for joinder of the Attorney-General as a party to the proceeding (interlocutory); reasons given for that order.

Orders

  • ['The Attorney-General is joined as a party to the proceeding pursuant to s 18(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth).']