Luck v Secretary, Department of Human Services [2014] FCA 1060

FEDERAL COURT OF AUSTRALIA

Luck v Secretary, Department of Human Services [2014] FCA 1060 Citation: Luck v Secretary, Department of Human Services [2014] FCA 1060

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

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

File number: VID 512 of 2014

Judge: MORTIMER J

Date of judgment: 3 October 2014

Catchwords: PRACTICE AND PROCEDURE – Application for extension of time and leave to appeal from orders upholding objection to competency – whether sufficient explanation for delay – whether the appeal has any reasonable prospects of success – whether substantial prejudice to the applicant if leave not granted

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 37, 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) Disability Discrimination Act 1992 (Cth) Federal Court of Australia Act 1976 (Cth) ss 24(1A), 37M Freedom of Information Act 1982 (Cth) s 55 Judiciary Act 1903 (Cth) s 40 Migration Act 1958 (Cth) Federal Court Rules 1979 (Cth) OO 53, 54, 54B Federal Court Rules 2011 (Cth) rr 31.05, 33.30, 35.13, 36.03

Cases cited: Avetmiss Easy Pty Ltd v Australian Skills Qualifications Authority [2014] FCA 314 Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261; [2010] FCAFC 101 DÉcor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Gallo v Dawson (1990) 93 ALR 479 House v The King (1936) 55 CLR 499 Hunter v Transport Accident Commission (2005) 43 MVR 130; [2005] VSCA 1 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Luck and Department of Human Services (2009) 50 AAR 403; [2009] AATA 800 Luck and Department of Human Services (2010) 51 AAR 265; [2010] AATA 6 Luck v Deputy Registrar (RM) of the High Court of Australia — Melbourne Office of the Registry [2013] HCATrans 166 Luck v Deputy Registrar (RM) of the High Court of Australia — Melbourne Office of the Registry [2014] HCASL 33 Luck v Federal Court of Australia [2011] HCATrans 290 Luck v Secretary, Department of Human Services [2014] FCA 344 Luck v University of Southern Queensland (2009) 176 FCR 268; [2009] FCAFC 73 Mehmood v Attorney-General (Cth) [2013] FCA 40 SZAJB v Minister for Immigration and Citizenship (2008) 247 ALR 510; [2008] FCAFC 75 TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 82 ALR 175 WACB v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 80 ALD 69; [2004] HCA 50 Yao v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 18