Secretary of the Department of Social Security v Boogaart, K.A.V.D. [1995] FCA 378

CATCHWORDS ADMINISTRATIVE APPEALS - appeal to Federal Court - application for extension of time - measurement of time from which to appeal - explanation for delay Administrative Appeal Tribunals Act 1975 ss 43(2A), 44(2A) Social Security Act 1991 s 8 Repatriation Commission v Tuite (1992) 37 FCR 571 Appr Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Appr Kuljic v Secretary, Department of Social Security (1994) 33 ALD 121 Appr Read v The Commonwealth (1987-8) 167 CLR 57 Refd Barry v The Repatriation Commission (1993) 41 FCR 529 Refd Secretary, Department of Social Security v Read (1987) 15 FCR 456 Refd Maynard v Hudson Delegate of Secretary of Department of Social Security unreported, Northrop J 26 August 1993 Refd McKnight v Australian Archives unreported, Neaves J 16 July 1993 Refd Secretary of the Department of Social Security v Kathleen Ann van den Boogaart No QG136 of 1994 Kiefel J Brisbane 8 June 1995

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No. QG136 of 1994 (ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR K L BEDDOE SENIOR MEMBER, MR D W MULLER, SENIOR MEMBER AND BRIGADIER T R GIBSON, MEMBER) BETWEEN: SECRETARY OF THE DEPARTMENT OF SOCIAL SECURITY Applicant AND: KATHLEEN ANN VAN DEN BOOGAART Respondent JUDGE MAKING ORDER: Kiefel J. DATE OF ORDER: 8 June 1995 WHERE MADE: Brisbane MINUTES OF ORDERS THE COURT ORDERS THAT: 1. The application for an extension of time within which to institute an application by way of appeal from the decision of the Administrative Appeals Tribunal be dismissed. 2. The applicant pay the respondent's costs of and incidental to the application to be taxed. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.