Wecker v Delegate to the President of the NSW Anti-Discrimination Board [2013] FCA 1167

Wecker v Delegate to the President of the NSW Anti-Discrimination Board [2013] FCA 1167

The Court held that because the NSW Anti-Discrimination Board is constituted under a State Act not listed in Schedule 3 of the ADJR Act, and is not a 'Commonwealth authority', the Federal Court’s jurisdiction to entertain a judicial review application did not exist. The application was therefore incompetent and dismissed.

Jurisdiction
Australia
Judgment Date
08 November 2013
Procedural Posture
Application for Judicial Review / Decision on Objection to Competency
Outcome
Application dismissed as incompetent
Legal Topics
['competency of Application' 'judicial Review Jurisdiction' 'federal Jurisdiction Over State Decisions']
['administrative Law'] ['competency of Application' 'judicial Review Jurisdiction' 'federal Jurisdiction Over State Decisions']

Case Brief

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Procedural Posture

Application for Judicial Review / Decision on Objection to Competency

Legal Issues

  1. 1 ['Whether the Federal Court has jurisdiction under the Administrative Decisions (Judicial Review) Act 1977 (Cth) to review decisions of the NSW Anti-Discrimination Board' "Whether the NSW Anti-Discrimination Board is a 'Commonwealth authority' under the ADJR Act" "Whether the Anti-Discrimination Act 1977 (NSW) is an 'enactment' described in Schedule 3 to the ADJR Act"]

Ratio Decidendi

The Court held that because the NSW Anti-Discrimination Board is constituted under a State Act not listed in Schedule 3 of the ADJR Act, and is not a 'Commonwealth authority', the Federal Court’s jurisdiction to entertain a judicial review application did not exist. The application was therefore incompetent and dismissed.

Court Disposition

Application dismissed as incompetent

Orders

  • ['The application filed 16 September 2013 be dismissed.' 'No order as to costs.']