Form 56 Application for an Order of review
(Order 54)
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
No. of 2008
BETWEEN
RICHARD HAROLD SMITH
Applicant
AND
CIVIL AVIATION SAFETY AUTHORITY
Respondent
APPLICATION FOR AN ORDER OF REVIEW
Application is made under section 7 of the Administrative Decisions (Judicial Review) Act 1977 (Cth) (the ADJR Act) and under section 39B of the Judiciary Act 1903 (Cth).
This is an application to review the Respondent’s failure to make a decision in relation to an application made by the Applicant to the Respondent on 10 January 2008 pursuant to subregulation 166(4)(a) of the Civil Aviation Regulations 1988 (Cth).
APPLICANT IS AGGRIEVED
- The Applicant is aggrieved by the Respondent’s failure to make a decision pursuant to subregulation 166(4)(a) of the Civil Aviation Regulations 1988 (Cth) because he has sought the Respondent’s approval which, if provided, would absolve him from complying with subregulation 166(4) of the Civil Aviation Regulations 1988 (Cth).
Filed on behalf of the Applicant by:
JOHNSON WINTER & SLATTERY
Australia Square Tower
264 George Street SYDNEY
Ref: MOB:A1291
GROUND FOR REVIEW
Failure to make a decision in a reasonable time
The Respondent has failed to make a decision in accordance with subregulation 166(4)(a) of the Civil Aviation Regulations 1988 (Cth).
Particulars
(i) By letter dated 10 January 2008, the Applicant applied to the Civil Aviation Safety Authority (CASA) for approval to:
a) join the circuit pattern at a non-controlled aerodrome on the base leg, for the direction in which landing is to be undertaken; and
b) to conduct a straight in approach of less than five miles at a non-controlled aerodrome.
(the Application)
(ii) By email dated 15 January 2008 to Mr Malcolm Campbell, Team Leader – Flying Operations, Civil Aviation Safety Authority, the Applicant renewed his application for approval to:
a) join the circuit pattern at a non-controlled aerodrome on the base leg, for the direction in which landing is to be undertaken; and
b) to conduct a straight in approach of less than five miles at a non-controlled aerodrome.
(iii) The respondent has failed to make a decision in a reasonable time in response to the Applicant’s Application for approval set out in (i) and (ii) above.
CLAIMS BY THE APPLICANT
The Applicant claims pursuant to section 7 of the ADJR Act, and/or section 39B of the Judiciary Act 1903 (Cth):
- an order that the Respondent make a decision in response to the Applicant’s Application within 7 days;
- a writ of mandamus issue requiring the Respondent to make a decision in response to the Applicant’s Application within 7 days;
- costs; and
- such further or other order as the Court deems fit.
Date:
……………………………………
MARK O’BRIEN
Solicitor for the Applicant
Notice to the Respondent
To the Respondent: Civil Aviation Safety Authority
16 Furzer Street
PHILLIP ACT 2606
GPO Box 2005
CANBERRA ACT 2601
This application has been set down for the time and place stated below. If you or your legal representative do not attend the Court at that time, the application may be dealt with and judgment may be given, or an order made, in your absence. As soon after the time mentioned as the business of the Court will allow, any of the following may happen:
the application may be heard;
directions may be given for the further conduct of the proceeding;
any application for interlocutory relief may be heard.
Before any attendance at Court, you must file an appearance in the Registry.
Time and date for hearing:
Place: Law Courts Building
Queens Square
Sydney
Date:
…………………………………………………..
an officer acting with the authority of the District Registrar/
Authorised Officer
