Clyne, Peter v Senator the Hon Gareth Evans, Attorney General of the Commonwealth of Australia & Anor [1984] FCA 284

Clyne, Peter v Senator the Hon Gareth Evans, Attorney General of the Commonwealth of Australia & Anor [1984] FCA 284

Section 71 of the Judiciary Act 1903 does not confer a legally enforceable duty on the Attorney-General to consider representations made by or on behalf of a person committed for trial that no further proceedings be taken; thus, the Attorney-General's refusal to consider such an application is not a reviewable decision under the Administrative Decisions (Judicial Review) Act 1977.

Jurisdiction
Australia
Judgment Date
14 September 1984
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed
Legal Topics
['judicial Review' 'jurisdiction to Review' 'exercise of Prerogative for Prosecutions']
['administrative Law'] ['judicial Review' 'jurisdiction to Review' 'exercise of Prerogative for Prosecutions']

Case Brief

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Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the Attorney-General has a legally enforceable duty to consider an application to discontinue prosecution after committal' "Whether the Attorney-General's act of declining to consider the application constitutes a reviewable 'decision' under the Administrative Decisions (Judicial Review) Act 1977"]

Ratio Decidendi

Section 71 of the Judiciary Act 1903 does not confer a legally enforceable duty on the Attorney-General to consider representations made by or on behalf of a person committed for trial that no further proceedings be taken; thus, the Attorney-General's refusal to consider such an application is not a reviewable decision under the Administrative Decisions (Judicial Review) Act 1977.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal be dismissed.' "The appellant pay the respondents' costs."]