Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comcare v Nicolas [2014] FCA 638 Citation: Comcare v Nicolas [2014] FCA 638
Parties: COMCARE v ANNABELLE NICOLAS
File number: NSD 438 of 2014
Judge: EDMONDS J
Date of judgment: 19 June 2014
Catchwords: PRACTICE AND PROCEDURE – application to stay decision of Administrative Appeals Tribunal pending the hearing and determination of an appeal to this Court – s 44A(2) Administrative Appeals Tribunal Act 1975 (Cth) – whether special circumstances exists to justify departure from rule that a successful litigant is entitled to the fruits of judgment – application refused
Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth) s 114(1) Administrative Appeals Tribunal Act 1975 (Cth) s 44A(2)
Cases cited: Australian Trade Commission v W A Meat Exports Pty Ltd [1987] FCA 413 compared Broadbent v Civil Aviation Safety Authority [1999] FCA 1871 cited Federal Commission of Taxation v Myer Emporium Ltd (No. 1) (1986) 160 CLR 220 compared Hartnett v Migration Agents Registration Authority [2003] FCA 998 cited Re Repatriation Commission and Delkou (1985) 8 ALD 454 compared Secretary, Department of Families, Housing, Community Services and Indigenous Affairs v Mouratidis [2010] FCA 880 cited Theo v The Secretary, Department of Family Services [2004] FCA 1748 cited
Date of hearing: 16 June 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
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