Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 260

FEDERAL COURT OF AUSTRALIA

Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 260 Citation: Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 260

Appeal from: Andy Soames v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2012] AATA 107

Parties: ANDY SOAMES v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

File number: NSD 1760 of 2012

Judge: KATZMANN J

Date of judgment: 25 March 2013

Catchwords: ADMINISTRATIVE LAW – Application for extension of time to appeal –decision to cancel disability support pension under the Social Security Act 1991 (Cth) – appeal from Administrative Appeals Tribunal – Administrative Appeals Tribunal Act 1975 (Cth), s 44 – discretion to extend time to appeal – matters to be taken into account – explanation for delay – whether there is a question of law – whether any merit in proposed appeal – procedural fairness – whether AAT decision infected by actual or apprehended bias. PRACTICE AND PROCEDURE – Application for extension of time to appeal – reasons for delay – whether appeal disclosed question of law – Legal Aid Commission Act 1979 (NSW), ss 56, 57.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 39, 44 Evidence Act 1995 (Cth) ss 160, 163 Federal Court Rules 2011 (Cth) s 37M Judiciary Act 1903 (Cth) ss 79 Legal Aid Commission Act 1979 (NSW) ss 56,57 Social Security Act 1991 (Cth) ss 11, 98, 117, 1064, 1123, 1124 Social Security (Administration) Act 1999 (Cth) s 80