Recent Cases

Ogawa v Finance Minister [2022] FCAFC 145 (31 August 2022) (Charlesworth, Thawley and Goodman JJ)


ADMINISTRATIVE LAW – appeal from orders dismissing an application for judicial review of a decision of the Finance Minister – Finance Minister refusing to waive a debt owed by the appellant to the Commonwealth – whether primary judge erred in refusing to hear arguments about earlier waiver requests and litigation that had not been raised before the Finance Minister in support of the waiver request – whether primary judge erred in concluding that the Finance Minister understood and had regard to the appellant’s arguments – whether primary judge failed to afford the appellant procedural fairness – whether the appellant should be permitted to raise arguments concerning prior waiver requests and subsequent litigation on appeal – appeal dismissed