Federal Court (Full Court). Can it be said that, the Federal Court's "jurisdiction having been validly invoked, the Court had power to grant declaratory relief as an adjunct or alternative to other relief, the source of that power being found in either or each of s 23 of the [FCA Act] and s 16 of the ADJR Act, if not also the Court’s status as a superior court of record and one of law and equity"?
Although this question involved veteran affairs, it might be useful to migration and citizenship matters.
Some of the questions to the Full Court of the Federal Court (FCAFC) were as follows:
Question 1: Can it be said that, the Federal Court's "jurisdiction having been validly invoked, the Court had power to grant declaratory relief as an adjunct or alternative to other relief"?
If the answer to Question 1 is 'yes':
Question 2: Can the source of that power be found in s 23 of the Federal Court of Australia Act 1976 (Cth)?
Question 3: Can the source of that power be found in s 16 of the ADJR Act?
Question 4: Can the source of that power be found in the Court’s status as a superior court of record and one of law and equity?
Question 5: Is it broad the jurisdiction to grant declaratory relief so as to declare the rights of parties in relation to a dispute?
Question 6: Can declaratory relief be refused as a matter of discretion based on lack of utility?
Question 7: Can declaratory relief be refused as a matter of discretion based on the existence of an adequate alternative remedy?
Question 8: Can it be said that "there is no such thing as deemed or constructive bad faith" and that "deficiencies in public administration do not, without more, entitle a court to drawn an inference of bad faith on the part of a public servant"?
Question 9: In circumstances where a particular cases highlights "an issue of pervasive importance in public administration concerning an ambiguously worded statutory provision, not just the mere application of legislation in a given case" and where the issue raised is truly moot, can a departure from the usual costs outcome be warranted?
The FCAFC answered those questions as follows: