LFDB v Deputy District Registrar [2023] FCA 1516

LFDB v Deputy District Registrar [2023] FCA 1516

The registration of New Zealand judgments by the Deputy District Registrar under s 68 of the Trans-Tasman Proceedings Act 2010 (Cth) constitutes an exercise of judicial power, not administrative power; thus, the decision is not reviewable under the Administrative Decisions (Judicial Review) Act 1977 (Cth), and there is no utility in granting an extension of time to seek such review.

Parties
Applicant: LFDB; Respondent: Deputy District Registrar
Jurisdiction
Australia
Judgment Date
14 December 2023
Procedural Posture
Application for Extension of Time to Seek Judicial Review / Judgment on Application
Outcome
dismissed
Legal Topics
Extension of Time, Judicial Review, Decision of Administrative Character, Registration of Foreign Judgments, Trans Tasman Proceedings
Administrative Law Practice and Procedure Constitutional Law Extension of Time Judicial Review Decision of Administrative Character Registration of Foreign Judgments Trans Tasman Proceedings

Case Brief

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Parties

LFDB

Applicant

Deputy District Registrar

Respondent

Procedural Posture

Application for Extension of Time to Seek Judicial Review / Judgment on Application

Legal Issues

  1. 1 Whether the decision to register New Zealand judgments under the Trans-Tasman Proceedings Act 2010 (Cth) is 'of an administrative character' and thus reviewable under the Administrative Decisions (Judicial Review) Act 1977 (Cth)
  2. 2 Whether extension of time to apply for judicial review would have any utility
  3. 3 Whether Deputy District Registrar had power to register judgments under s 68 of the Trans-Tasman Proceedings Act 2010 (Cth)

Ratio Decidendi

The registration of New Zealand judgments by the Deputy District Registrar under s 68 of the Trans-Tasman Proceedings Act 2010 (Cth) constitutes an exercise of judicial power, not administrative power; thus, the decision is not reviewable under the Administrative Decisions (Judicial Review) Act 1977 (Cth), and there is no utility in granting an extension of time to seek such review.

Court Disposition

dismissed

Orders

  • The Applicant's application for an extension of time be dismissed.