Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kowalski v Chief Executive Officer of Medicare Australia [2010] FCA 413 Citation: Kowalski v Chief Executive Officer of Medicare Australia [2010] FCA 413
Appeal from: Kowalski v Chief Executive Officer of Medicare Australia[2009] AATA 980
Parties: KAZIMIR KOWALSKI v CHIEF EXECUTIVE OFFICER OF MEDICARE AUSTRALIA
File number: SAD 203 of 2009
Judge: MANSFIELD J
Date of judgment: 30 April 2010
Corrigendum: 12 May 2010
Catchwords: PRACTICE AND PROCEDURE – summary dismissal under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) – no reasonable prospect of success – no reviewable decision under Administrative Appeals Tribunal Act 1975 (Cth) and Health and Other Services (Compensation) Act 1995 (Cth) – refusal by the Administrative Appeals Tribunal to grant an extension of time under s 27(7) of the AAT Act was correct
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 3(3), 25(1) and (4), 29(1)(d), 29(7) and 44 Federal Court of Australia Act 1976 (Cth) ss 32A(2) and 43 Health and Other Services (Compensation) Act 1995 (Cth) ss 18, 23A, 23B and 23D Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11
Cases cited: Kowalski v Chief Executive Officer of Medicare Australia [2010] FCA 265 cited Kowalski v Chief Executive Officer of Medicare Australia [2010] FCA 411 cited Kowalski v Chief Executive Officer of Medicare Australia [2009] FCA 1072 cited Kowalski v Chief Executive Officer of Medicare Australia [2009] FCA 1420 cited Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 cited Re Mulheron and Australian Telecommunications Corporation (1991) 23 ALD 309 cited Re CSIRO and Barbara (1987) 11 ALD 447 cited Zizza v Federal Commissioner of Taxation (1999) 55 ALD 451 cited Director-General of Social Services v Chaney (1980) 47 FLR 80 cited Director-General of Social Services v Hales (1983) 78 FLR 373 cited Re Ellenbogen and Secretary, Department of Social Security (No 2) (1991) 24 ALD 783 cited Duncan v Defence Force Retirement and Death Benefits Authority (1980) 47 FLR 256 cited Re Rennie and Defence Force Retirement and Death Benefits Authority (1979) 2 ALD 424 cited Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 discussed Deloitte Touche Tohmatsu v Australian Securities Commission (1994) 35 ALD 519 cited Re Gallivan Investments Ltd and Australian Securities Commission (1991) 24 ALD 611 cited Bahonko v Nurses Board of Victoria [2008] FCAFC 29 cited Light v Administrative Appeals Tribunal [2009] FCA 1358 cited Australian Telecommunications Corporation v Lambroglou (1990) 12 AAR 515 cited Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321 cited Australian Securities and Investments Commission v Saxby Bridge Financial Planning Pty Ltd (2003) 133 FCR 290 cited Comcare v Etheridge (2006) 149 FCR 522 cited Commissioner of Taxation v Dixon (2006) 155 FCR 101 cited Hussain v Minister for Foreign Affairs (2008) 248 ALR 456 cited
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate