Paschke v Secretary, Department of Social Services [2023] FCAFC 143

Federal Court of Australia

Paschke v Secretary, Department of Social Services [2023] FCAFC 143 Appeal from Application for leave to appeal: Paschke v Secretary, Department of Social Services [2023] FCA 6

File number(s): VID 107 of 2023

Judgment of: ANDERSON, MCEVOY AND HESPE JJ

Date of judgment: 24 August 2023

Catchwords: REPRESENTATIVE PROCEEDINGS – application for extension of time and leave to appeal decision of single judge dismissing representative proceedings brought under Part IVA of Federal Court of Australia Act 1976 (Cth) – whether decision was interlocutory in character – where the representative applicant is unrepresented – where applicant disputes the manner in which the Department of Social Services determines assessable curtilage – whether requirements in Part IVA of the Federal Court of Australia Act 1976 (Cth) satisfied – whether Ombudsman is entitled to rely upon s 33 of the Ombudsman Act 1976 (Cth) as a complete defence to claim – application dismissed with costs

Legislation: Federal Court of Australia Act 1976 (Cth) Part IVA, ss 33C and 33D Ombudsman Act 1976 (Cth) ss 5, 33 Federal Court Rules 2011 (Cth) r 35.13(a)

Cases cited: ABC v Lenah Game Meats Pty Ltd [2001] HCA 63; (2001) 208 CLR 199 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Dyczynski v Gibson [2020] FCAFC 120; (2020) 280 FCR 583 Federal Commissioner of Taxation v Futuris Corporation Ltd [2008] HCA 32; (2008) 237 CLR 146 Johnson Tiles Pty Ltd (ACN 004 576 103) v Esso Australia Ltd [2000] FCA 1572; (2000) 104 FCR 564 Kordan Pty Ltd v Federal Commissioner of Taxation (2000) 46 ATR 191 Plaintiff S164/2018 v Minister for Home Affairs [2018] HCA 51; (2018) 92 ALJR 1039 Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28; (2015) 256 CLR 507 Wilkinson v Wilson Security Pty Ltd [2022] FCA 756