Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Grabovsky v Secretary, Department of Social Services [2014] FCA 1121 Citation: Grabovsky v Secretary, Department of Social Services [2014] FCA 1121
Appeal from: Igor Grabovsky v Secretary, Department of Social Services [2014] AATA 522
Parties: IGOR GRABOVSKY v SECRETARY, DEPARTMENT OF SOCIAL SERVICES and ADMINISTRATIVE APPEALS TRIBUNAL
File number: NSD 854 of 2014
Judge: EDMONDS J
Date of judgment: 21 October 2014
Catchwords: PRACTICE AND PROCEDURE – appeal from the Administrative Appeals Tribunal – applicant refused disability support pension by first respondent – decision under review remitted – whether leave should be granted to file supplementary notice of appeal – whether s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) allows applicant to bring appeal from the decision of the first respondent – whether supplementary notice of appeal discloses question of law PRACTICE AND PROCEDURE – application for orders about procedure – whether procedure for bringing appeal from the Administrative Appeals Tribunal is in doubt – whether applicant subjectively in doubt as to procedure for bringing appeal – Federal Court Rules 2011 r 1.21
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 25 Social Security Administration Act 1999 (Cth) ss 35, 37, 135, 142, 179, 181 Social Security Act 1991 (Cth) s 94 Federal Court Rules 2011 rr 1.21, 33.12
Cases cited: Browne v Commissioner for Railways (1935) 36 SR (NSW) 21 cited
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