Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Emmett v McCormack [2016] FCAFC 65 Appeal from: Emmett v McCormack [2015] FCA 826
File number: NSD 1037 of 2015
Judges: BUCHANAN, FLICK AND PERRY JJ
Date of judgment: 10 May 2016
Catchwords: PRACTICE AND PROCEDURE – amendment of notice of appeal – absence of opposition to grant of leave – residual discretion in Court to refuse leave ADMINISTRATIVE LAW – lack of procedural fairness by other than decision-maker – error of law – absence of error in reasons for decision ADMINISTRATIVE LAW – reasons voluntarily provided – request for reasons to be provided pursuant to s 13 – comparison of reasons provided
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 5(1), 5(1)(a), 5(1)(e), 5(2), 5(2)(a), 5(2)(f), 5(2)(g), 13 Child Support (Assessment) Act 1989 (Cth) Child Support (Registration and Collection) Act 1988 (Cth), s 30AA Financial Management and Accountability Act 1997 (Cth), ss 34, 34(1), 34(1)(a) Judiciary Act 1903 (Cth), s 39B
Cases cited: Annetts v McCann (1990) 170 CLR 596 Assistant Treasurer and Minister for Competition Policy and Consumer Affairs v Cathay Pacific Airways Ltd [2009] FCAFC 105, (2009) 179 FCR 323 Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 Chief Commissioner of Police v McCann [2015] VSCA 362 Coulton v Holcombe (1986) 162 CLR 1 Coutts v Close [2014] FCA 19 East Melbourne Group Inc v Minister for Planning [2008] VSCA 217, (2008) 23 VR 605 Hot Holdings Pty Limited v Creasy [2002] HCA 51, (2002) 210 CLR 438 Mahon v Air New Zealand [1984] AC 808 McGovern v Ku-Ring-Gai Council [2008] NSWCA 209, (2008) 72 NSWLR 504 Minister for Aboriginal Affairs v Peko Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Ethnic Affairs v Arslan (1984) 4 FCR 73 Minister for Immigration and Ethnic Affairs v Taveli (1990) 23 FCR 162 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Minister for Immigration and Citizenship v Li [2013] HCA 18, (2013) 249 CLR 332 Nexus Adhesives Pty Ltd v RLA Polymers Pty Ltd [2012] FCAFC 135, (2012) 97 IPR 160 Qu v Minister for Immigration and Multicultural Affairs [2001] FCA 1299 Sezdirmezoglu v Acting Minister for Immigration and Ethnic Affairs (1983) 74 FLR 348 Sobey v Nicol [2007] FCAFC 136, (2007) 245 ALR 389
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