Evans v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] FCA 28

FEDERAL COURT OF AUSTRALIA

Evans v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] FCA 28 Citation: Evans v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] FCA 28

Parties: JOAN GLADYS EVANS v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

File number: NSD 1214 of 2010

Judge: COWDROY J

Date of judgment: 1 February 2011

Catchwords: PRACTICE AND PROCEDURE – Application to extend time – Application to extend time to file a notice of appeal from decision of Administrative Appeals Tribunal – Whether there is satisfactory explanation for delay – Whether draft notice of appeal raises bona fide question of law for determination – Held – Draft notice of appeal raises appellable grounds – Application for leave to file notice of appeal allowed.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Federal Court Rules O 53 r 6, O 53 r 7 Social Security Act 1991 (Cth) s 1126AA

Cases cited: Australian Telecommunications Corporation v Lambroglou (1990) 12 AAR 515 Azzopardi v Tasman UEB Industries Ltd (1985) 4 NSWLR 139 Budd v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 1540 Comcare v Etheridge and Others (2006) 149 FCR 522 Council of the City of Sydney v Goldspar Australia Pty Ltd (ACN 002 705 991) and Another (2006) 230 ALR 437 Country Securities Pty Limited v Challenger Group Holdings Pty Limited & Anor [2008] NSWCA 193 Craig v The State of South Australia (1995) 184 CLR 163 Joan Evans and Secretary Department of Families, Housing, Community Services and Indigenous Affairs [2010] AATA 578 Ermogenous v Greek Orthodox Community of SA Inc (2002) 209 CLR 95 Federal Commissioner of Taxation v Trail Bros Steel & Plastics Pty Ltd (2010) 186 FCR 410 Re Follone and Secretary, Department of Social Security (1987) 11 ALD 477 Frendo v Secretary, Department of Social Security (1987) 77 ALR 682 Gray v Gray and Another (2004) 12 BPR 22,755 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Jones v Padavatton [1969] 2 All ER 616 Kronen v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 1268 Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 (2003) 73 ALD 1 Peczalski v Comcare (1999) 58 ALD 697 Ramirez v Ramirez [2009] FCA 1033 Waterford v The Commonwealth of Australia (1987) 163 CLR 54