Federal Court of Australia
District Registry: VICTORIA
Division: GENERAL
Mr. Burns
Applicant
Director of Safeguards
Respondent
To the Respondent
The Applicant applies for the relief set out in this application.
The Court will hear this application, or make orders for the conduct of the proceeding, at the time and place stated below. If you or your lawyer do not attend, then the Court may make orders in your absence.
You must file a notice of address for service (Form 10) in the Registry before attending Court or taking any other steps in the proceeding.
Time and date for hearing: 9:00 A.M. 19th May 2018
Place: 305 William Street, Melbourne in the State of Victoria
The Court ordered that the time for serving this application be abridged to
Date: 25 April 2018
The Applicant applies to the Court to
Review the Respondent’s decision to revoke thePermit to possess nuclear materials
By Springfield Ltd. under the Permit Number: 1872XMB
Details of claim
The Applicant is aggrieved as a director of the Springfield Ltd. by the decision because:
- The respondents have taken a decision to invoke the license of the company to possess nuclear materials under s 13 of the Nuclear Non-Proliferation (Safeguards) Act 1987 (Cth). The licence had been provided so that the company carries out uranium mining operation in Western Australia.
- The Respondents have not acted in a good faith way in relation to invoking the licence of the company.
- The company had taken all measures seriously as provided in the permit issued by the Minister for Foreign Affairs.
- Under section 5(1)(a) of the ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 there has been a breach in relation to natural justice rules with respect to the decision made
- Under section 5(1)(h) of the ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 there is no evidence or any other material available to the respondents which can justify their decision
- Under section 5(2)(a) of the ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 the directors took into consideration irrelevant facts towards making the decision
- Under section 5(2)(b) of the ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 the respondents failed to take into consideration revenant facts
- Under section 5(2)(d) of the ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 the respondent made the decision in bad faith.
- Under section 5(2)(f) of the ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 the respondents used a discretionary power in compliance with a policy or rule without considering the merit of a specific case
- The applicant seek an order to reverse the decision and reclaim the license o to possess nuclear materials under s 13 of the Nuclear Non-Proliferation (Safeguards) Act 1987 (Cth)
The Applicant’s address for service is:
Place: Springfield Ltd.30, Bourke Street,3000 Melbourne, VIC ,Australia
Email: [email protected]
The Applicant’s address is Springfield Ltd.30, Bourke Street,3000 Melbourne, VIC ,Australia
It is intended to serve this application on all Respondents.
Date: 26th April 2018
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