Christiansen v Social Security Appeals Tribunal [2010] FCA 1146

FEDERAL COURT OF AUSTRALIA

Christiansen v Social Security Appeals Tribunal [2010] FCA 1146 Citation: Christiansen v Social Security Appeals Tribunal [2010] FCA 1146

Appeal from: Application for extension of time: Confidential v Social Security Appeals Tribunal & Anor [2010] AATA 328

Parties: KAY CHRISTIANSEN v SOCIAL SECURITY APPEALS TRIBUNAL, NEALE GREGORY SUTTON and ADMINISTRATIVE APPEALS TRIBUNAL

File number: QUD 339 of 2010

Judge: COLLIER J

Date of judgment: 22 October 2010

Catchwords: ADMINISTRATIVE LAW – application for extension of time to lodge notice of appeal from decision of the Administrative Appeals Tribunal ("the AAT") – appeal from that decision of the AAT – whether decision of the AAT should be set aside and remitted to the AAT – original dispute over entitlement of applicant to receive child support payments from the second respondent pursuant to the Child Support (Assessment) Act 1989 (Cth) – second decision published by AAT following letter from the Department of Human Services – outcome of first AAT decision reversed by second AAT decision – principles relevant to exercise of Court's discretion to extend time during which an appeal may be instituted against the AAT – whether AAT made error of law in failing to provide adequate reasons – whether applicant was denied procedural fairness – whether AAT's decision was irrational or illogical – principles in Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611 – whether AAT had power to make second decision – principles in Minister for Immigration and Multicultural Affairs v Bhardwaj (2002) 209 CLR 597 Held: extension of time granted for lodgment of notice of appeal from decision of the AAT, decision of AAT set aside and the matter remitted to the AAT to be decided according to law