Khan v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] FCA 1060

FEDERAL COURT OF AUSTRALIA

Khan v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] FCA 1060 Citation: Khan v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] FCA 1060

Appeal from: Khan v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] AATA 608

Parties: SHER AFZAL KHAN v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

File number: NSD 1585 of 2011

Judge: PERRAM J

Date of judgment: 26 September 2012

Catchwords: PRACTICE AND PROCEDURE – Appeals – application to dismiss appeal as incompetent – whether notice of appeal disclosed question of law – whether leave should be granted to re-plead

Legislation: Administrative Appeals Tribunal Act 1974 (Cth) s 44 Social Security (Administration) Act 1999 (Cth) s 13

Cases cited: Birdseye v Australian Securities and Investments Commission (2003) 38 AAR 55; [2003] FCAFC 232 applied Khan v Secretary, Department of Family Housing Community Services & Indigenous Affairs [2010] FCA 420 applied Khan v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2011] AATA 608 cited TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 applied

Date of hearing: 26 September 2012

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 12