Recent Cases

Australia Bay Seafoods Pty Ltd v Northern Territory of Australia [2022] FCAFC 180 (14 November 2022) (Besanko, Charlesworth and O’Bryan JJ)


ADMINISTRATIVE LAW – appeal against order setting aside originating application seeking judicial review on the basis that the application did not raise any “matter” within the meaning of s 39B of the Judiciary Act 1903 (Cth) – whether claims made raised a justiciable controversy – whether there is an available remedy for the claims made – where declaratory relief seeks to answer abstract questions which will produce no foreseeable consequences for the parties – where application for relief in the nature of certiorari to quash decisions that have no legal effect and no necessary effect on any future decision that may be made – appeal dismissed

PRACTICE AND PROCEDURE – whether order setting aside originating application for want of jurisdiction is a final or interlocutory order – whether leave to appeal required

PRACTICE AND PROCEDURE – application for leave to reopen appeal and adduce further evidence – evidence concerns events occurring after judgment – relevance of further evidence to an appeal by way of rehearing – applicable principles – leave granted