Hunter Valley Developments Pty Ltd v Cohen is a 1984 decision of the
Federal Court of Australia about the discretion to allow applications for review an administrative decision under section 11
of the
Administrative Decisions (Judicial Review) Act 1977
''Administrative Decisions (Judicial Review) Act 1977'' (Cth) is an Act of the Parliament of Australia, which created the ability to appeal the decision at the Federal Court of Australia for a person or other parties affected by most administra ...
that were made later that the statutory limits allowed.
In 1981 Hunter Valley Developments Pty Ltd applied for a "
10BA" tax incentive for creation of a
feature-length film
A feature film or feature-length film is a narrative film (motion picture or "movie") with a running time long enough to be considered the principal or sole presentation in a commercial entertainment program. The term ''feature film'' originall ...
. After some correspondence between the parties, the 10BA application was rejected in 1982. In 1984, the company applied for judicial review of the decision. By 1984, the respondent was
Barry Cohen, then the
Minister of the
Department of Home Affairs and Environment
The Department of Home Affairs and Environment was an Australian government
The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federal parliamentary constitutional monarchy. ...
.
[984
Year 984 ( CMLXXXIV) was a leap year starting on Tuesday (link will display the full calendar) of the Julian calendar.
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By place
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* Spring – German boy-king Otto III (4-years old) is seized by the deposed Henry II ...]
FCA 176; (1984) Admn 96-034 /; 3 FCR 344 (5 July 1984)">
In a decision that aggregated previous
identified six issues to be considered:
* whether the applicant has demonstrated why there was a good reason for the delay in the application and that it was "‘fair and equitable in the circumstances"
* whether the applicant has continued to contest the decision, even if outside statutory review provisions
* whether there may be any adverse consequences to the decision maker caused by the delayed application
* whether there may be any adverse consequences to the decision maker or the public at large by the acceptance of the delayed application
* the merits of the applicant's case itself
* whether it would be fair to other parties in a similar situations to the applicant to allow the delayed application
The principles in the case have been adopted to apply to extension of time applications in courts and tribunals including the
.