Peek v Australian Government Solicitor (No. 2) [2005] FCA 1343

Peek v Australian Government Solicitor (No. 2) [2005] FCA 1343

The court held that the applicant’s application, save for paragraphs A4 and A6, did not disclose a reasonable cause of action as the decisions and conduct challenged were not made under an enactment, were not final or operative, or were otherwise excluded from review by statute. The application was therefore struck out in respect of all paragraphs except A4 and A6.

Jurisdiction
Australia
Judgment Date
22 September 2005
Procedural Posture
Strike Out Application / Interlocutory
Outcome
Strike out order and costs against applicant; directions for amended application and further case management steps.
Legal Topics
['strike Out Application' 'federal Court Rules' 'judicial Review' 'administrative Conduct' 'delegation of Powers' 'requirements for Reviewable Decisions' 'jurisdiction Under ADJR Act and Judiciary Act']
['practice and Procedure' 'administrative Law' 'employment Law'] ['strike Out Application' 'federal Court Rules' 'judicial Review' 'administrative Conduct' 'delegation of Powers' 'requirements for Reviewable Decisions' 'jurisdiction Under ADJR Act and Judiciary Act']

Case Brief

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Procedural Posture

Strike Out Application / Interlocutory

Legal Issues

  1. 1 ['Whether the decisions sought to be reviewed were decisions under an enactment for purposes of the ADJR Act' 'Whether the decisions or conduct were final and operative so as to be reviewable' 'Whether certain decisions or conduct are excluded from review under the relevant statutory framework' 'Whether the application disclosed a reasonable cause of action under the Federal Court rules']

Ratio Decidendi

The court held that the applicant’s application, save for paragraphs A4 and A6, did not disclose a reasonable cause of action as the decisions and conduct challenged were not made under an enactment, were not final or operative, or were otherwise excluded from review by statute. The application was therefore struck out in respect of all paragraphs except A4 and A6.

Court Disposition

Strike out order and costs against applicant; directions for amended application and further case management steps.

Orders

  • ["Paragraphs in the applicant's application (other than A4 and A6 as in the proposed amended application) are struck out pursuant to Order 11 rules 16(a) and 16(b) of the Federal Court Rules." "Applicant to pay respondents' costs of and incidental to the respondents' notice of motion filed 29 July 2005." 'Applicant...