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ARTICLE · 01 OCTOBER 2009

An Administrative Decision Under The Judicial Microscope

Norton Rose Fulbright Australia
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In G & M Nicholas Pty Ltd v Minister for Finance and Deregulation (2009) 174 FCR 471, Cowdroy J of the Federal Court of Australia set aside a decision of the Minister for Finance and Deregulation (Finance Minister) which declined an act of grace payment to the applicants and remitted the matter to the Finance Minister for redetermination.

AustraliaGovernment, Public Sector
Kimberley Rose
Kimberley Rose
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In G & M Nicholas Pty Ltd v Minister for Finance and Deregulation (2009) 174 FCR 471, Cowdroy J of the Federal Court of Australia set aside a decision of the Minister for Finance and Deregulation (Finance Minister) which declined an act of grace payment to the applicants and remitted the matter to the Finance Minister for redetermination.

Background

The second and third applicants, Mr and Mrs Nicholas, were the directors of the first applicant, G & M Nicholas Pty Ltd (formerly known as Medtest Pty Ltd (Medtest)). On 16 November 2005, the applicants applied to the Finance Minister for an "act of grace" payment pursuant to section 33 of the Financial Management and Accountability Act 1997 (Cth) (FMA Act). Section 33 authorises such payments in "special circumstances" that would not otherwise be authorised by law or required to meet a legal liability.

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