Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Dauguet v Centrelink [2015] FCA 1212 Citation: Dauguet v Centrelink [2015] FCA 1212
Appeal from: Dauguet v Centrelink [2015] FCA 395
Parties: ALAIN DAUGUET v CENTRELINK
File number: VID 260 of 2015
Judge: MURPHY J
Date of judgment: 11 November 2015
Catchwords: PRACTICE AND PROCEDURE – Application to appoint a litigation representative – whether the appellant suffers a mental disability or illness such that he is not capable of managing his own affairs in the proceeding – not satisfied that the appellant suffers a legal incapacity PRACTICE AND PROCEDURE – Application to review Registrar's discretion to have the appeal case managed PRACTICE AND PROCEDURE – Application for summary judgment under s 31A of the Federal Court of Australia Act 1976 (Cth) – whether an order dismissing a proceeding under r 5.23 of the Federal Court Rules 2011 is interlocutory or final – whether the appeal has no reasonable prospect of success because the appellant did not seek leave to appeal – whether the appeal has no reasonable prospect of success on the merits – judgment entered for the respondent PRACTICE AND PROCEDURE – Objection to competency of appeal – whether single judge sitting in appellate jurisdiction has power to determine an objection to competency of appeal
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth)
Cases cited: Avetmiss Easy Pty Ltd v Australian Skills Qualifications Authority [2014] FCA 507 C v Commonwealth of Australia [2015] FCAFC 113 Carr v Finance Corporation of Australia Ltd (No 1) (1981) 147 CLR 246; [1981] HCA 20 General Steel Industry Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 L v Human Rights and Equal Opportunity Commission (2006) 233 ALR 432; [2006] FCAFC 114 National Mutual Life Association of Australasia Ltd and Ors v Grosvenor Hill (Qld) (formerly Hillier, Parker (Qld) and Anor Pty Ltd (2001) 183 ALR 700; [2001] FCA 237 O'Donoghue v Department of Immigration and Citizenship [2012] FCA 1162 Prime Property Investment Pty Ltd v Van der Velde (2011) 199 FCR 34; [2011] FCA 1397 Re Luck (2003) 203 ALR 1; [2003] HCA 70
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