Lawrance v President, Administrative Appeals Tribunal [2005] FCA 541

FEDERAL COURT OF AUSTRALIA

Lawrance v President, Administrative Appeals Tribunal [2005] FCA 541 PRACTICE AND PROCEDURE – applications for leave to appeal decisions pertaining to practice and procedure including decision refusing the grant of interlocutory relief – need for appellate courts to exercise caution when invited to review decisions pertaining to practice and procedure – an application for leave to appeal does not operate as a stay of the judgment appealed from – applications dismissed Administrative Appeals Tribunal Act 1975 (Cth) s 33, 35(2), 44, 60(3) Administrative Decisions (Judicial Review) Act 1977 (Cth) Freedom of Information Act 1982 (Cth)

Federal Court Rules Order 4 rule 1, Order 7 rules 1 and 2, Order 52 rule 17

Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc (1981) 148 CLR 170 applied Clements v Independent Indigenous Advisory Committee (2003) 131 FCR 28 cited Commissioner of Taxation v Beddoe (1996) 68 FCR 446 cited Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 cited Director-General of Social Services v Chaney (1980) 47 FLR 80 cited Re the Will of F B Gilbert (deceased) (1946) 46 SR (NSW) 318 applied AROHA LAWRANCE v PRESIDENT, ADMINISTRATIVE APPEALS TRIBUNAL & ORS NSD 241 OF 2005 NSD 334 OF 2005 HELY J 3 MAY 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NSW DISTRICT REGISTRY NSD 241 OF 2005

NSD 334 OF 2005

BETWEEN: AROHA LAWRANCE

APPLICANT

AND: PRESIDENT, ADMINISTRATIVE APPEALS TRIBUNAL

FIRST RESPONDENT

SENIOR MEMBER KELLY

SECOND RESPONDENT

SENIOR MEMBER ALLEN

THIRD RESPONDENT

BEV SMITH

FOURTH RESPONDENT

JUDGE: HELY J

DATE OF ORDER: 3 MAY 2005