Mid Coast Radio Pty ltd v Australian Broadcasting Tribunal & Anor [1983] FCA 370

Procedural Posture

Application for Judicial Review Under the Administrative Decisions (judicial Review) Act / Motion for Stay of Tribunal Inquiry Proceedings

Legal Issues

1. 1 ['Whether the Court should stay the hearing before the Australian Broadcasting Tribunal pending determination of the application for judicial review.' 'Whether a deferred stay after conclusion of addresses, rather than an immediate stay, would adequately protect the applicant pending judicial review.']

Ratio Decidendi

The Court declined to grant an immediate stay because the Tribunal hearing was virtually concluded, the Court is generally reluctant to interrupt pending tribunal proceedings under the Administrative Decisions (Judicial Review) Act, and no substantial hardship would be suffered by the applicant if the hearing concluded provided further proceedings after addresses were stayed pending the judicial review. A deferred stay after conclusion of addresses adequately protected the applicant while allowing the Tribunal hearing to reach that point.

Court Disposition

Immediate stay refused; deferred stay granted upon conclusion of addresses before the Tribunal, with directions for pleadings, evidence, document exchange, mention, and final hearing.

Orders

• ['Upon conclusion of the addresses by the parties before the consolidated inquiry described in the application filed herein on 14 December, 1983, all further proceedings in the said inquiry be stayed until further order of the Court.' 'The applicant file and serve a statement of its claim on or before 23 December,...