Theo v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 805

FEDERAL COURT OF AUSTRALIA

Theo v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 805 Citation: Theo v Secretary, Department of Families, Housing, Community Services and Indigenous Affairs [2013] FCA 805

Appeal from: Application for extension of time: Theo v Department of Families, Housing, Community Services & Indigenous Affairs [2012] FMCA 528 Application for leave to appeal: Theo v Department of Families, Housing, Community Services & Indigenous Affairs [2012] FMCA 528

Parties: SOL THEO v SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

File number: QUD 366 of 2012

Judge: COLLIER J

Date of judgment: 13 August 2013

Catchwords: PRACTICE AND PROCEDURE – application for extension of time and for leave to appeal decision of Federal Magistrate – standing Administrative Appeals Tribunal order pursuant to s 42B Administrative Appeals Tribunal Act 1975 (Cth) requiring applicant to seek leave to proceed in Tribunal with any application pertaining to any social security benefit – Federal Magistrate dismissed application to appeal Tribunal's refusal to grant applicant leave to proceed – adequate explanation for delay in filing application but grounds of appeal lack merit – whether discrepancy between costs ordered by Federal Magistrate and costs sought by respondent

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 42B Federal Magistrates Act 1999 (Cth) ss 17A, 79(3) Federal Court Rules 2011 (Cth) Federal Magistrates Rules 2001 (Cth) r 13.10