Gabor v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 706

FEDERAL COURT OF AUSTRALIA

Gabor v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 706 Citation: Gabor v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 706

Parties: RENEE D GABOR v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

File number(s): VID 710 of 2009

Judge: BROMBERG J

Date of judgment: 6 July 2010

Catchwords: PRACTICE AND PROCEDURE – extension of time to institute an appeal from decision of the AAT – delay of over 6 years without sufficient explanation – need for finality of litigation – application dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) Social Security Act 1991 (Cth), ss 8, 1223(1)

Cases cited: Australian Education Union v Lawler (2008) 169 FCR 327 Booker v Commonwealth (FCA, 14 September 1988, Wilcox J unreported) Department of Social Security v Van Den Boogaart (1995) 37 ALD 619 Hughes v National Trustees Executors & Agency Co of Australasia Ltd [1978] VR 257 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Kuljic v Secretary, Department of Social Security (1994) 33 ALD 121 Marsh v Department of Social Security (1986) 12 FCR 100 Minister for Immigration and Ethnic Affairs v Polat (1995) 57 FCR 98 Parker v The Queen [2002] FCAFC 133 Peacock v Human Rights & Equal Opportunity Commission [2003] FCAFC 50 Secretary, Department of Social Security v McLaughlin (1997) 81 FCR 35 Secretary, Department of Employment and Workplace Relations v Richards [2007] FCA 1710