Ford, P. v. Secretary to the Department of Social Security [1994] FCA 801

JUDGMENT No. esmedOelt 2!

CATCHWORDS

Practice and procedure - application for extension of time to file an appeal against decision of the Administrative Appeals Tribunal - discretion in the court to grant or refuse extension - relevant circumstances - delay 1n filing application - satisfactory explanation of delay not a precondition to the grant of an extenston - whether it is yust that an extension be granted - no question of law disclosed.

Hunter Valley Development Pty. Lid. v, Cohen (1984) 3 FCR 344 Comeare v. Ahearn (1993) 45 FCR 441 (FC)

Chalk vy. Commissioner for Superannuation Unreported QG 161 of 1993, Full Court Brisbane, 4 May, 1994

RECEIVED

QG96 of "1994 ~2 NOV 1994

Cooper J., Brisbane, 28 October, 1994 OF PRINCIPAL REGISTRY

GENERAL DIVISON No, 0696 of 19% BETWEEN: PAUL FORD Applicant AND: SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY Respondent JUDGE MAKING ORDER: Cooper J. WHERE MADE: Brisbane DATE OF ORDER: 28 October, 1994 MINUTES OF ORDER THE COURT ORDERS THAT:

The application be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court ' Rules.

QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No, 0G96 of 1994 BETWEEN: PAUL FORD Applicant AND: SECRETARY TO THE DEPARTMENT OF SOCIAL SECURITY Respondent CORAM: Cooper J. PLACE: Bnsbane DATE: 28 October, 1994 REASONS FOR JUDGMENT

The applicant seeks an extension of time to file an appeal against a decision of the Administrative Appeals Tribunal ("AAT") given on 11 January, 1988. The applicant has prepared and filed the onginating documents in this court and appeared in

person to argue the application.

The history of the matter and the nature of the issues before the AAT appear from the Tribunal's reasons :-

"4, Mrs. Green outlined a brief history of the matter as follows. The applicant had lodged a supporting Parent's benefit application on 18th September 1979. On Ist October 1979 he notified the Department that he and his son would be going to Italy on 8th October 1979. He gave an address in Italy and requested that payments of his benefit be made to a certain Australian bank account. He Stated, among other things, that his father was ul and his mother had died a few months ago. Supporting parent's benefit was granted and payment was made by cheque.