Dayal v Secretary, Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education [2013] FCA 1037

FEDERAL COURT OF AUSTRALIA

Dayal v Secretary, Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education [2013] FCA 1037 Citation: Dayal v Secretary, Department of Industry, Innovation, Climate Change, Science, Research and Tertiary Education [2013] FCA 1037 Appeal from: Application for extension of time: Dayal and Secretary, Department of Education, Employment and Workplace Relations [2012] AATA 787

Parties: PRABHU DAYAL v THE SECRETARY, DEPARTMENT OF INDUSTRY, INNOVATION, CLIMATE CHANGE, SCIENCE, RESEARCH AND TERTIARY EDUCATION and THE SECRETARY, DEPARTMENT OF HUMAN SERVICES File number: VID 620 of 2013

Judge: TRACEY J

Date of judgment: 11 October 2013

Catchwords: SOCIAL SECURITY – application for extension of time to appeal AAT decision – whether AAT erred in affirming decision refusing entitlement of Austudy payments PRACTICE AND PROCEDURE – interlocutory application seeking summary dismissal of application and the appeal be dismissed – whether party in default under r 5.22 of the Federal Court Rules 2011 (Cth) – application refused – appeal dismissed

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) – s 44 Federal Court Rules 2011 (Cth) – rr 5.22, 5.23, 33.12, 33.13, 33.32 Social Security (Administration) Act 1999 (Cth) – s 152

Cases cited: Comcare v Etheridge (2006) 149 FCR 522 – considered Dayal v Secretary, Department of Education, Employment and Workplace Relations [2012] AATA 787 – cited Hussain v Minister for Foreign Affairs (2008) 169 FCR 241 – considered