Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Evans v Secretary, Department of Social Services [2014] FCA 491 Citation: Evans v Secretary, Department of Social Services [2014] FCA 491
Appeal from: Evans and Secretary, Department of Social Services [2013] AATA 944
Parties: GREG EVANS v SECRETARY, DEPARTMENT OF SOCIAL SERVICES
File number: NSD 123 of 2014
Judge: PERRY J
Date of judgment: 20 May 2014
Catchwords: ADMINISTRATIVE LAW – Appeal from Administrative Appeals Tribunal under s 44 of Administrative Appeals Tribunal Act 1975 (Cth) – Where notice of objection to competency – Whether question of law disclosed by the notice of appeal
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 6(3), 44 Federal Court of Australia Act 1976 (Cth), s 20(2) Federal Court Rules 2011 (Cth), rr 33.12, 33.30 Freedom of Information Act 1982 (Cth) Social Security Act 1947 (Cth), s 27 Social Security Act 1991 (Cth), ss 1236, 1237A, 1237AAD
Cases cited: Comcare v Etheridge (2006) 149 FCR 522 Evans and Secretary, Department of Social Services [2013] AATA 944 Federal Commissioner of Taxation v Trail Bros Steel and Plastics Pty Ltd (2010) 186 FCR 410 Kara v Comcare [2011] FCA 951 Kowalski v Chief Executive Officer, Medicare Australia (2010) 185 FCR 42 Waterford v Commonwealth (1987) 163 CLR 54
Date of hearing: 13 May 2014
Place: Sydney
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