Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Phillips v Inspector-General in Bankruptcy [2011] FCA 612 Citation: Phillips v Inspector-General in Bankruptcy [2011] FCA 612
Appeal from: Phillips and Inspector-General in Bankruptcy [2011] AATA 25
Parties: STEVE PHILLIPS v INSPECTOR-GENERAL IN BANKRUPTCY
File number: VID 120 of 2011
Judge: DODDS-STREETON J
Date of judgment: 3 June 2011
Catchwords: ADMINISTRATIVE LAW – application to strike out appeal for want of jurisdiction – Whether decision of Administrative Appeals Tribunal not to issue summonses is a decision susceptible to appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – Whether appeal reveals a question of law – Whether appeal should be dismissed because no reasonable prospects of success
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 3(3), 40(1A), 44(1) Federal Court of Australia Act 1976 (Cth) s 31A(2) Federal Court Rules O 20 r 5
Cases cited: Australian Telecommunications Corporation v Lambroglou (1990) 12 AAR 515 cited Birdseye v Australian Securities and Investments Commission (2003) 76 ALD 321 cited Comcare v Etheridge (2006) 149 FCR 522 cited Cosco Holdings Pty Ltd v Commissioner for Taxation (1997) 37 ATR 432 not followed Director-General of Social Services v Chaney (1980) 3 ALD 161 cited Geographical Indications Committee v The Honourable Justice O'Connor and Others (2000) 64 ALD 325 cited Hoe v Manningham City Council [2011] VSC 37 cited Hussain v Minister for Foreign Affairs (2008) 169 FCR 241 cited Kowalski v Chief Executive Officer of Medicare Australia (2010) 185 FCR 42 cited Kowalski v Repatriation Commission (2009) 259 ALR 444 cited Smalley v Secretary, Department of Health and Ageing [2011] FCA 302 cited TNT Skypak International (Aust) Pty Ltd v FCT (1988) 82 ALR 175 cited Trade Practices Commission v Arnotts Ltd (No 2) (1989) 21 FCR 306 referred to Yao v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 18 cited Yao v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 241 cited
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