Andelman v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] FCA 299

FEDERAL COURT OF AUSTRALIA

Andelman v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] FCA 299 Citation: Andelman v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] FCA 299

Appeal from: Andelman and Secretary, Department of Families, Housing, Community Services and Indigenous Affairs (Administrative Appeals Tribunal, No. 2009/4180, 29 October 2010)

Parties: MIKHAIL ANDELMAN v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

File number(s): NSD 1580 of 2010

Judge: JAGOT J

Date of judgment: 31 March 2011

Catchwords: ADMINISTRATIVE LAW – unrepresented litigant – procedural fairness – whether application made for reconstitution of Administrative Appeals Tribunal under s 21A of Administrative Appeal Tribunal Act 1975 – whether unrepresented applicant had failed to proceed with application as contemplated by s 42A(5) – whether power to dismiss application under s 42A(5) available where application for recusal of sitting Tribunal member had been made and not determined – whether exercise of discretion to dismiss application resulted in denial of natural justice – extent of Tribunal's obligation to explain procedures

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Federal Court Rules O 80

Cases cited: Jeray v Blue Mountains City Council (No 2) [2010] NSWCA 367 Kowalski and Repatriation Commission [2009] AATA 807 Mellor and Australian Postal Corporation [2010] AATA 288 Minogue v Human Rights and Equal Opportunity Commission (1999) 84 FCR 438