Applicant 0108 v Secretary, Department of Social Services [2017] FCA 535

FEDERAL COURT OF AUSTRALIA

Applicant 0108 v Secretary, Department of Social Services [2017] FCA 535 Appeal from: Application for extension of time: 0108 of 2014 v Secretary, Department of Social Services [2017] FCA 57

File number: WAD 155 of 2017

Judge: BARKER J

Date of judgment: 11 May 2017

Catchwords: ADMINISTRATIVE LAW – application for extension of time – where applicant seeks to appeal from orders of Federal Court – where primary judge dismissed "appeal" from directions of Tribunal as incompetent – where Tribunal directed applicant to undergo medical assessment – whether Tribunal member failed to recuse herself – primary decision not attended by sufficient doubt – application dismissed

Cases cited: 0108 of 2014 v Secretary, Department of Social Services [2017] FCA 57 Applicant 0108 of 2014 v Secretary, Department of Social Services (2016) 152 ALD 521; [2016] FCA 421

Date of hearing: 11 May 2017

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 appeared in person

Counsel for the Respondent: Ms B Rayment

Solicitor for the Respondent: Mills Oakley Lawyers

ORDERS WAD 155 of 2017

BETWEEN: APPLICANT 0108 OF 2014 Applicant

AND: SECRETARY, DEPARTMENT OF SOCIAL SERVICES Respondent

JUDGE: BARKER J DATE OF ORDER: 11 MAY 2017

THE COURT ORDERS THAT:

1. The application be dismissed. 2. The applicant pay the respondent's costs, to be assessed, if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.