Productivity Partners Pty Ltd v Commonwealth of Australia [2018] FCA 1562

Productivity Partners Pty Ltd v Commonwealth of Australia [2018] FCA 1562

The decisions to refuse payment and decline revocation did not themselves confer, alter, or affect the applicant’s legal rights; the applicant’s right to payment arose independently under the Higher Education Support Act 2003 (Cth) and was enforceable as a debt in a court of competent jurisdiction. As such, the...

Source-derived case information.

Parties
Applicant: Productivity Partners Pty Ltd; First Respondent: Commonwealth of Australia; Second Respondent: Minister for Education and Training; Third Respondent: Secretary of the Department of Education and Training
Jurisdiction
Australia
Judgment Date
19 October 2018
Procedural Posture
Judicial Review Application / Application for Dismissal of Originating Application Prior to Substantive Hearing
Outcome
Originating application for judicial review dismissed.
Legal Topics
Judicial Review, Decisions Under Enactment, VET FEE HELP Assistance, Mandamus, Prohibition, Summary Dismissal
Administrative Law Judicial Review Decisions Under Enactment VET FEE HELP Assistance Mandamus Prohibition Summary Dismissal

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Parties

Productivity Partners Pty Ltd

Applicant

Commonwealth of Australia

First Respondent

Minister for Education and Training

Second Respondent

Secretary of the Department of Education and Training

Third Respondent

Procedural Posture

Judicial Review Application / Application for Dismissal of Originating Application Prior to Substantive Hearing

Legal Issues

  1. 1 Whether the decisions to refuse payment and decline revocation were made under an enactment and are reviewable under the ADJR Act
  2. 2 Whether the decisions affect or alter the applicant's legal rights or obligations for the purposes of judicial review
  3. 3 Whether relief is available under s 39B(1) of the Judiciary Act 1903 (Cth)

Ratio Decidendi

The decisions to refuse payment and decline revocation did not themselves confer, alter, or affect the applicant’s legal rights; the applicant’s right to payment arose independently under the Higher Education Support Act 2003 (Cth) and was enforceable as a debt in a court of competent jurisdiction. As such, the decisions were not decisions made under an enactment within the meaning of the ADJR Act and were not reviewable. Relief under s 39B(1) of the Judiciary Act was not available as against the Commonwealth itself and no duty was identified as resting with an officer. Other review avenues (conduct, failure to decide) were also not competent.

Court Disposition

Originating application for judicial review dismissed.

Orders

  • The originating application for judicial review is dismissed.
  • The applicant pay the respondents' costs of the proceeding.