Luck v Chief Executive Officer of Centrelink [2017] FCAFC 92

FEDERAL COURT OF AUSTRALIA

Luck v Chief Executive Officer of Centrelink [2017] FCAFC 92 Appeal from: Luck v Chief Executive Officer of Centrelink [2015] FCA 1234

File number: VID 921 of 2015

Judges: BARKER, MOSHINSKY AND O'CALLAGHAN JJ

Date of judgment: 7 June 2017

Catchwords: ADMINISTRATIVE LAW – decision made by reference to departmental handbook – whether decision made "under an enactment" within the meaning of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether decision made under an Act – whether decision made under an instrument BANKRUPTCY AND INSOLVENCY – where sequestration order made – whether proceeding stayed by force of s 60(2) of the Bankruptcy Act 1966 (Cth) – whether exception in s 60(4) applies – whether application for judicial review commenced before bankruptcy is an action in respect of personal wrong PRACTICE AND PROCEDURE – whether decision upholding objection to competency interlocutory – whether leave to appeal required PRACTICE AND PROCEDURE – leave to appeal – where primary judge refused application for recusal – whether decision attended by sufficient doubt to warrant its reconsideration on appeal PRACTICE AND PROCEDURE – leave to appeal – where adjournment sought pending outcome of removal application under s 40 of the Judiciary Act 1903 (Cth) – where primary judge refused to grant adjournment – whether decision attended by sufficient doubt to warrant its reconsideration on appeal

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Bankruptcy Act 1924 (Cth), s 63(3) Bankruptcy Act 1966 (Cth), ss 60(2)-(4), 116(1)(b) and (2)(g)(i) Commonwealth Services Delivery Agency Act 1977 (Cth), ss 6A, 8 Defence Force Discipline Act 1982 (Cth) Disability Discrimination Act 1992 (Cth) Federal Court of Australia Act 1976 (Cth), s 24(1A) Judiciary Act 1903 (Cth), s 40 Federal Court Rules 2011 (Cth), r 36.08