Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Danagher v Child Support Registrar [2014] FCA 1408 Citation: Danagher v Child Support Registrar [2014] FCA 1408
Appeal from: Confidential and Child Support Registrar [2014] AATA 220
Parties: MICHAEL DANAGHER v CHILD SUPPORT REGISTRAR and KATHLEEN ALLOWAY
File number: WAD 121 of 2014
Judge: GILMOUR J
Date of judgment: 22 December 2014
Catchwords: PRACTICE AND PROCEDURE – appeal from Administrative Appeals Tribunal (Tribunal) – Tribunal found that appellant's application was not lodged within the prescribed time – Tribunal dismissed application for extension of time – whether or not Tribunal erred in failing to properly construe the meaning and effect of s 29(1) of the Acts Interpretation Act 1901 (Cth) – whether or not Tribunal erred in failing to give reasons – whether or not Tribunal erred in failing to apply the applicable test for an extension of time application – relevant principles relating to applications for extension of time – whether or not Tribunal erred in having regard to irrelevant considerations and failing to have regard to relevant considerations - whether or not there was a denial of procedural fairness - principles relating to appeals against an exercise of discretion
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 29, 33(1)(c), 44 Acts Interpretation Act 1901 (Cth) ss 28A, 29(1) Child Support (Registration and Collection) Act 1988 (Cth) s 103X Evidence Act 1995 (Cth) s 160
Cases cited: Abebe v The Commonwealth of Australia (1999) 197 CLR 510 Comcare v Post Logistics Australasia Pty Ltd (2012) 207 FCR 178 F Hoffmann-La Roche & Co AG v Secretary of State for Trade and Industry [1975] AC 295 Fox v Percy (2003) 214 CLR 118 Gallo v Dawson (1990) 93 ALR 479 House v The King (1936) 55 CLR 499 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Lovell v Lovell (1950) 81 CLR 513 Minister for Immigration and Multicultural Affairs v Indatissa (2001) 64 ALD 1 Monteleone v The Owners of the Old Soap Factory [2007] WASCA 79 Mukto v Minister for Immigration & Multicultural Affairs [1999] FCA 1801 NADR v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 167 Ovens v Civil Aviation Safety Authority (2010) 119 ALD 519 Re Johnson and Commonwealth of Australia [1990] AATA 1 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs (2006) 228 CLR 152 SZHZD v Minister for Immigration [2008] FMCA 4 Waterford v The Commonwealth of Australia (1987) 163 CLR 54
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