Recent Cases

Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel (No 2) [2022] FCAFC 30 (08 March 2022) (Griffiths, O’Callaghan and Thawley JJ)


Catchwords:


PRACTICE AND PROCEDURE – interlocutory application to set aside orders by consent – where Court made erroneous finding – appropriate to make orders pursuant to r 39.05(f) of the Federal Court Rules 2011 (Cth)

ADMINISTRATIVE LAW – procedural fairness – whether Anti-Dumping Review Panel failed to comply with procedural fairness requirements in failing adequately to disclose to the appellant the substance of a confidential conference – where non-confidential summary of conference not published until after Panel’s review complete – whether Subdiv C of Div 9 of Pt XVB of Customs Act 1901 (Cth) exhaustive of procedural fairness requirements – whether appellant suffered practical injustice – appellant deprived of opportunity to be heard – held: procedural unfairness