Buchanan v Administrative Appeals Tribunal [2013] FCA 1099

FEDERAL COURT OF AUSTRALIA

Buchanan v Administrative Appeals Tribunal [2013] FCA 1099 Citation: Buchanan v Administrative Appeals Tribunal [2013] FCA 1099

Parties: IAN BUCHANAN v ADMINISTRATIVE APPEALS TRIBUNAL and COMMISSIONER OF TAXATION

File number: QUD 186 of 2013

Judge: COLLIER J

Date of judgment: 24 October 2013

Catchwords: ADMINISTRATIVE LAW – appeal against decision of Administrative Appeals Tribunal ("Tribunal") – whether errors of law under s 44 Administrative Appeals Tribunal Act 1975 (Cth) ("AAT Act") – application for reinstatement of application pursuant to s 44A(9) AAT Act – claims of discrimination and denial of natural justice – discretion of Tribunal – relevant considerations PRACTICE AND PROCEDURE – application for extension of time to file notice of appeal against decision of Tribunal – objection to competency of appeal – informal application for adjournment of hearing – litigant in person – relevant principles where application for adjournment

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 42A(2), 42A(8), 42A(9), 42A(10), 44, 44(1) Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) rr 5.23, 33.30

Cases cited: Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 cited Hughes v Western Australian Cricket Association Inc (1986) ATPR 40-748 cited Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 cited Jordan v Smart [1961] NSWR 735 cited Phillips v Inspector-General in Bankruptcy (2011) 121 ALD 562; [2011] FCA 612 cited Price Street Professional Centre Pty Ltd v Commissioner of Taxation (2007) 97 ALD 593; [2007] FCAFC 154 cited The Taxpayer v Commissioner of Taxation [2012] AATA 919 cited Thornberry v R (1995) 69 ALJR 777 cited Trustee of the Mladenis Family Trust T/A Affinity Consulting Services v Commissioner of Taxation [2006] FCA 1406 cited