Ellis v Secretary, Department of Social Services [2016] FCA 1469

FEDERAL COURT OF AUSTRALIA

Ellis v Secretary, Department of Social Services [2016] FCA 1469 Appeal from: Troy Ellis and Secretary, Department of Social Services [2016] AATA 490

File number: WAD 345 of 2016

Judge: BARKER J

Date of judgment: 30 November 2016

Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal (Tribunal) under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – where Tribunal affirmed decision to cancel mobility allowance – whether grounds of appeal stated question or questions of law – whether Tribunal failed to take into account relevant consideration – whether Tribunal demonstrated bias

Legislation: Federal Court Rules 2011 (Cth) R 33.12(2) Social Security Act 1991 (Cth) ss 19, 1035(1), 1035(1)(a)(ii), 1035(1)(b)(ii), 1035(1)(f)(ii), 1035(1)(g)(iii), 1035(1)(h), 1035(2) Social Security (Administration) Act 1999 (Cth)

Cases cited: Avetmiss Easy Pty Ltd v Australian Skills Qualifications Authority [2014] FCA 314 Haritos v Commissioner of Taxation (2015) 233 FCR 315; [2015] FCAFC 92

Date of hearing: 30 November 2016

Registry: Western Australia

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 13

Counsel for the Applicant: The Applicant did not appear

Counsel for the Respondent: Mr A Burgess

Solicitor for the Respondent: Sparke Helmore Lawyers

ORDERS WAD 345 of 2016

BETWEEN: TROY ELLIS Applicant

AND: SECRETARY, DEPARTMENT OF SOCIAL SERVICES Respondent