Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hamden v Secretary, Department of Human Services [2013] FCA 3 Citation: Hamden v Secretary, Department of Human Services [2013] FCA 3
Parties: DAVID HAMDEN v SECRETARY, DEPARTMENT OF HUMAN SERVICES
File number: SAD 186 of 2012
Judge: BESANKO J
Date of judgment: 9 January 2013
Catchwords: ADMINISTRATIVE LAW – Judicial Review – Application for extension of time to file application for review of decision of Administrative Appeals Tribunal under Administrative Decisions (Judicial Review) Act 1977 (Cth) – where application filed 11 months out of time – consideration of relevant criteria – merits of substantive application – where applicant claims respondent failed to lodge certain documents before AAT as required by paragraph 37(1)(b) of Administrative Appeals Tribunal Act 1977 (Cth) ("AAT Act") – whether documents were "relevant to review of the decision by the Tribunal" for purposes of paragraph 37(1)(b) of AAT Act – whether relief ought to be refused on ground of futility. Held: The applicant's application for an extension of time must be refused.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 37, 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 11 Disability Discrimination Act 1992 (Cth) Federal Court Rules 1979 (Cth) O 52 r 15(2) Federal Court Rules 2011 r 31.02 Freedom of Information Act 1982 (Cth) ss 3, 4, 11, 24A, 26, 54
Cases cited: Bushell v Repatriation Commission (1992) 175 CLR 408, cited Commonwealth Bank of Australia v Quade (1991) 178 CLR 134, cited Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577, cited Hamden v Campbell (No 2) [2012] FCA 460, cited Hamden v Commonwealth of Australia [2010] FCA 924, cited Hamden v Centrelink [2011] AATA 587, cited Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344, cited Jess v Scott (1986) 12 FCR 187, cited Lee and Others v Minister for Immigration and Citizenship and Another (2007) 159 FCR 181, cited Re Commonwealth of Australia; Ex parte Marks (2000) 75 ALJR 470, cited Re Refugee Review Tribunal and Another: Ex parte Aala (2000) 204 CLR 82, cited Stead v State Government Insurance Commission (1986) 161 CLR 141, cited WAJU v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCA 150, cited Young v Wicks (1986) 13 FCR 85, cited
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