Willarra Pty Ltd & ors v McVeigh, Daniel James, the former Minister for Home Affairs and Environment & Anor [1984] FCA 128

Willarra Pty Ltd & ors v McVeigh, Daniel James, the former Minister for Home Affairs and Environment & Anor [1984] FCA 128

The Minister’s decisions to revoke the provisional certificate and to refuse to find the film a qualifying Australian film were affected by reviewable error: the Minister took into account irrelevant considerations (such as origin of idea and earlier authorship), failed to properly consider relevant facts, misconstrued statutory criteria (including 'significant Australian content'), and denied procedural fairness by failing to give notice of adverse material and an opportunity to be heard. The decisions were so unreasonable that no reasonable Minister could have made them on the material before him, particularly given prior approval and substantial Australian investment.

Parties
Applicant: Willarra Pty. Limited; Applicant: Seven Keys Pty. Limited; Applicant: Mytian Pty. Limited; Applicant: Mervyn James Harris; Applicant: Dorothy Evelyn Harris; Applicant: Diane Jeanette Harrison; Applicant: Mervyn James Harris Jnr.; Applicant: Waketreul Pty. Limited; Applicant: Keelanditreul Pty. Limited; Applicant: Marinitreul Pty. Limited; Applicant: Tenmaritreul Pty. Limited; Applicant: Andrew Gaty; Applicant: John Geoffrey Oliver; Applicant: David Charles Williamson; Applicant: Kevin Richard Shirlaw; Applicant: Robert Ian Grant; Applicant: Antony Tunmer Martin; Applicant: John Albert Shirlaw; First Respondent: The Honourable Daniel Thomas McVeigh, the former Minister for Home Affairs and Environment; Second Respondent: The Honourable Barry Cohen, Minister for Home Affairs and Environment
Jurisdiction
Australia
Judgment Date
17 May 1984
Procedural Posture
Judicial Review / First Instance Judgment
Outcome
Application allowed; Minister’s decisions set aside.
Legal Topics
Judicial Review of Administrative Decisions, Income Tax Assessment Act 1936 S.124 ZAB, S.124 ZAC, Film Certification, Relevant and Irrelevant Considerations, Natural Justice, Significant Australian Content, Eligible Australian Film, Ministerial Discretion
Administrative Law Tax Law Judicial Review of Administrative Decisions Income Tax Assessment Act 1936 S.124 Zab, S.124 ZAC Film Certification Relevant and Irrelevant Considerations Natural Justice Significant Australian Content +2 more

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Parties

Willarra Pty. Limited

Applicant

Seven Keys Pty. Limited

Applicant

Mytian Pty. Limited

Applicant

Mervyn James Harris

Applicant

Dorothy Evelyn Harris

Applicant

Diane Jeanette Harrison

Applicant

Mervyn James Harris Jnr.

Applicant

Waketreul Pty. Limited

Applicant

Keelanditreul Pty. Limited

Applicant

Marinitreul Pty. Limited

Applicant

Tenmaritreul Pty. Limited

Applicant

Andrew Gaty

Applicant

John Geoffrey Oliver

Applicant

David Charles Williamson

Applicant

Kevin Richard Shirlaw

Applicant

Robert Ian Grant

Applicant

Antony Tunmer Martin

Applicant

John Albert Shirlaw

Applicant

The Honourable Daniel Thomas McVeigh, the former Minister for Home Affairs and Environment

First Respondent

The Honourable Barry Cohen, Minister for Home Affairs and Environment

Second Respondent

Procedural Posture

Judicial Review / First Instance Judgment

Legal Issues

  1. 1 Whether the Minister took into account irrelevant considerations or failed to take into account relevant considerations in refusing a final film certificate and revoking a provisional certificate under Division 10BA of the Income Tax Assessment Act 1936;
  2. 2 Whether the decisions were so unreasonable that no reasonable person could have exercised the relevant power in that manner;
  3. 3 Whether there were errors of law in the Minister’s construction of statutory terms;

Ratio Decidendi

The Minister’s decisions to revoke the provisional certificate and to refuse to find the film a qualifying Australian film were affected by reviewable error: the Minister took into account irrelevant considerations (such as origin of idea and earlier authorship), failed to properly consider relevant facts, misconstrued statutory criteria (including 'significant Australian content'), and denied procedural fairness by failing to give notice of adverse material and an opportunity to be heard. The decisions were so unreasonable that no reasonable Minister could have made them on the material before him, particularly given prior approval and substantial Australian investment.

Court Disposition

Application allowed; Minister’s decisions set aside.

Orders

  • The decisions to revoke provisional certificate No. 122 and to refuse a final certificate are set aside.
  • The matter, including the application for a final certificate, is referred to the Minister for further consideration according to law.