Staats S.J. v The Commonwealth of Australia & Anor [1995] FCA 155

The application does not disclose a reasonable cause of action within the jurisdiction of the Court; no statutory power exists to grant the relief sought; the proceeding must be dismissed.

Jurisdiction: Australia
Judgment Date: 21 February 1995
Procedural Posture: Application / Judgment
Outcome: Proceeding dismissed
Legal Topics: ['jurisdiction' 'declaratory Relief' 'australian Citizenship' 'ultra Vires' 'costs']

['administrative Law'] ['jurisdiction' 'declaratory Relief' 'australian Citizenship' 'ultra Vires' 'costs']

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Procedural Posture

Application / Judgment

Legal Issues

1 ['Whether the Federal Court has jurisdiction to make orders sought by the applicant' 'Whether the application discloses a reasonable cause of action' 'Whether relief can be granted under ss 21 or 32 of the Federal Court of Australia Act']

Ratio Decidendi

The application does not disclose a reasonable cause of action within the jurisdiction of the Court; no statutory power exists to grant the relief sought; the proceeding must be dismissed.

Court Disposition

Proceeding dismissed

Orders

["Applicant to pay the first respondent's costs of the proceedings including the costs of the amended notice of motion"]