Luck v Secretary, Department of Human Services (No 2) [2014] FCA 798

FEDERAL COURT OF AUSTRALIA

Luck v Secretary, Department of Human Services (No 2) [2014] FCA 798 Citation: Luck v Secretary, Department of Human Services (No 2) [2014] FCA 798

Appeal from: Luck and Department of Human Services [2010] AATA 6

Parties: GAYE ALEXANDRA LUCK v SECRETARY, DEPARTMENT OF HUMAN SERVICES, ADMINISTRATIVE APPEALS TRIBUNAL and STEPHANIE ANN FORGIE (AS DEPUTY PRESIDENT OF THE ADMINISTRATIVE APPEALS TRIBUNAL)

File number: VID 65 of 2010

Judge: TRACEY J

Date of judgment: 30 July 2014

Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – where Tribunal determined it lacked jurisdiction to review decision for requests for documents where applicant failed to seek internal review in accordance with s 55 of the Freedom of Information Act PRACTICE AND PROCEDURE – application for stay or adjournment of hearing pending hearing and determination of related Full Court appeal – whether proper basis for adjournment PRACTICE AND PROCEDURE – notice of objection to competency – whether notice of appeal contained any "pure questions of law" – whether Tribunal's decision disclosed any appealable error

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) – ss 25 37, 44 Defence Force Discipline Act 1982 (Cth) – s 181 Disability Discrimination Act 1992 (Cth) Federal Court Rules 2011 (Cth) rr 31.05, 33.12 Freedom of Information Act 1982 (Cth) – ss 54, 55 Human Rights and Equal Opportunity Act 1986 (Cth)