Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wallis v Secretary, Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education [2013] FCA 978 Citation: Wallis v Secretary, Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education [2013] FCA 978
Appeal from: Application for extension of time: Wallis v Secretary, Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education [2013] AATA 256
Parties: CHRISTOPHER WALLIS v SECRETARY, DEPARTMENT OF INDUSTRY, INNOVATION, CLIMATE CHANGE, SCIENCE, RESEARCH AND TERTIARY EDUCATION
File number: SAD 161 of 2013
Judge: WHITE J
Date of judgment: 27 September 2013
Catchwords: PRACTICE AND PROCEDURE – appeal under s 44(2A) of the Administrative Appeals Tribunal Act 1975 (Cth) – whether time for institution of appeal should be extended – whether proposed appeal devoid of merit ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal on questions of law – whether questions of law raised within jurisdiction of the Administrative Appeals Tribunal Held: application for extension of time refused.
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Australian Human Rights Commission Act 1986 (Cth) Disability Discrimination Act 1992 (Cth) ss 5, 6 Higher Education Support Act 2003 (Cth) ss 79-1, 79-5, 238-10 Higher Education Support Amendment (Demand Driven Funding System and Other Measures) Act 2011 (Cth)
Cases cited: Bell v Commissioner of Taxation [2013] FCAFC 32 referred to Benjamin v Repatriation Commission [2001] FCA 1879 referred to Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 referred to Culley v Australian Securities and Investments Commission [2008] FCA 1784 referred to Hope v Bathurst City Council (1980) 144 CLR 1 referred to Jones v Chief of Navy (2012) 205 FCR 458; [2012] FCAFC 125 referred to McKerlie v Repatriation Commission [2010] FCA 1127 referred to
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