Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smalley v Secretary, Department of Health and Ageing [2011] FCA 302 Citation: Smalley v Secretary, Department of Health and Ageing [2011] FCA 302
Appeal from: Smalley and Secretary, Department of Health and Ageing [2010] AATA 904
Parties: QUEENIE MARION SMALLEY v THE SECRETARY, DEPARTMENT OF HEALTH AND AGEING
File number: VID 1109 of 2010
Judge: DODDS-STREETON J
Date of judgment: 31 March 2011
Catchwords: PRACTICE AND PROCEDURE – appeal from decision of the Administrative Appeals Tribunal – application to strike out or dismiss notice of appeal – whether question of law stated – whether reasonable prospects of success
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Aged Care Act 1997 (Cth) s 44-20 Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules (Cth) O 53 r 3
Cases cited: Australian Telecommunications Corporation v Lambroglou (1990) 12 AAR 515 Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321 Bittmann v Australian Securities and Investments Commission (ASIC) (No 2) [2006] FCA 1786 Colby Corp Pty Ltd v Commissioner of Taxation (2008) 165 FCR 133 Drake v Minister for Immigration and Ethnic Affairs (1979) 2 ALD 60 Hoe v Manningham City Council [2011] VSC 37 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175
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