Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
National Disability Insurance Agency v SSBV by his Litigation Guardian [2018] FCAFC 197 Appeal from: SSBV by his Litigation Guardian v National Disability Insurance Agency [2018] FCA 1021
File number: NTD 28 of 2018
Judges: GRIFFITHS, MORTIMER AND WHEELAHAN JJ
Date of judgment: 12 November 2018
Date of publication of reasons: 15 November 2018
Catchwords: PRACTICE AND PROCEDURE – appeal from orders made below – whether the orders reveal erroneous reliance on non-relevant provisions of the National Disability Insurance Scheme Act 2013 (Cth) – whether to make declaratory orders
Legislation: National Disability Insurance Scheme Act 2013 (Cth), ss 33(2), 37, 48, 99(d), 100, 103
Date of hearing: 12 November 2018
Registry: Northern Territory
Division: General Division
National Practice Area: Other Federal Jurisdiction
Category: Catchwords
Number of paragraphs: 13
Counsel for the Appellant: Ms S Maharaj QC with Ms A Lord
Solicitor for the Appellant: Sparke Helmore Lawyers
Counsel for the First Respondent: Ms R Graycar
Solicitor for the First Respondent: Northern Territory Legal Aid Commission
Counsel for the Second Respondent: The Second Respondent filed a submitting notice
ORDERS NTD 28 of 2018
BETWEEN: NATIONAL DISABILITY INSURANCE AGENCY Appellant
AND: SSBV BY HIS LITIGATION GUARDIAN First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGES: GRIFFITHS, MORTIMER AND WHEELAHAN JJ DATE OF ORDER: 12 NOVEMBER 2018
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