Dauguet v Centrelink [2015] FCA 395

FEDERAL COURT OF AUSTRALIA

Dauguet v Centrelink [2015] FCA 395 Citation: Dauguet v Centrelink [2015] FCA 395

Parties: ALAIN DAUGUET v CENTRELINK

File number: VID 655 of 2014

Judge: MORTIMER J

Date of judgment: 28 April 2015

Catchwords: PRACTICE AND PROCEDURE – discretion under r 5.23 of the Federal Court Rules 2011 (Cth) to dismiss application – consideration of relevant factors including non-compliance with directions, failure to prosecute claim and availability of review by Social Security Appeals Tribunal and Administrative Appeals Tribunal ADMINISTRATIVE LAW – discretion under s 10(2)(b)(ii) of Administrative Decisions (Judicial Review) Act 1977 (Cth) to refuse application – whether to exercise discretion – availability of review by Social Security Appeals Tribunal and Administrative Appeals Tribunal PRACTICE AND PROCEDURE – application for joinder under rr 9.03 and 9.05 of the Federal Court Rules 2011 (Cth) – consideration of relevant factors – personal or family relationship with party not sufficient to warrant joinder PRACTICE AND PROCEDURE – discretion to allow representation by unqualified persons – consideration of relevant factors – unqualified persons not subject to professional duties owed by lawyers to clients, their opponents and the court – contribution of those duties to administration of justice according to law

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 10(2)(b)(ii), 12 Federal Court of Australia Act 1976 (Cth) ss 23, 37M, 37P(5), 37P(6) Social Security (Administration) Act 1999 (Cth) Pt 4 Divs 2, 3, 4 and 5; ss 129, 135, 142, 149, 179, 181 Federal Court Rules 2011 (Cth) rr 4.12, 5.22, 5.23, 9.03, 9.05, 9.63