4 Instituting proceedings

Test for standing in australia is that the person

Info icon This preview shows pages 17–23. Sign up to view the full content.

View Full Document Right Arrow Icon
Test for standing in Australia is that the person applying for standing has either: a private right, or a ‘special interest’ in the subject matter of the action. ‘special interest’ does not need to involve a legal or pecuniary right but has to be more than a ‘mere intellectual or emotional concern’ and must be an interest that is different than that of an ordinary member of the public.
Image of page 17

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
ACF v. Cwlth ACF v. Cwlth High Court held: ACF had no standing to sue! “… an interest, for present purposes, does not mean a mere intellectual or emotional concern . A person is not interested within the meaning of the rule, unless he is likely to gain some advantage, other than the satisfaction of righting a wrong, upholding a principle or winning a contest, if his action succeeds or to suffer some disadvantage, other than a sense of grievance or a debt for costs if his action fails (Mason J [530]) a mere belief or concern, however genuine, does not in itself constitute a sufficient locus standi” (Mason J [548])
Image of page 18
ACF v. Cth ACF v. Cth cont. cont. However, does not have to involve a legal or pecuniary right (Mason J [530]) or that the plaintiff and no-one else possess the particular interest. A special interest exists where the plaintiff can show actual or apprehended injury or damage to his or her proprietary rights, business or economic interests and perhaps social or political interests. (Mason J [530]). A corporation or association does not acquire standing merely because some of its members possess it (Gibbs J [531]).
Image of page 19

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Standing: Standing: Onus v. Alcoa of Onus v. Alcoa of Australia Ltd Australia Ltd (1981) 149 CLR 27 (1981) 149 CLR 27 Section 21 of the Archaeological and Aboriginal Relics Preservation Act 1972 (Vic) (AARPA) provided that a person who willfully or negligently defaced or damaged or otherwise interfered with a relic or carried out an act likely to endanger a relic should be guilty of an offence. Held: Descendants and members of the Gournditchjmara Aboriginal people are custodians of the relics of cultural and spiritual importance of those people according to their laws and customs, & so have standing to commence an action to restrain another citizen from contravening section 21 of the AARPA.
Image of page 20
Onus cf ACF Onus cf ACF “[T]he distinction between this case and the ACF Case is not to be found in any ready rule of thumb, capable of mechanical application; the criterion of ‘special interest’ supplies no such rule. As the law now stands it seems rather to involve in each case a curial assessment of the importance of the concern the plaintiff has with particular subject matter and of the closeness of that plaintiff’s relationship to that subject matter .” (Stephen J.)
Image of page 21

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Locus Standi of Public Interest Groups Groups No separate standing test for public interest groups.
Image of page 22
Image of page 23
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern