Hutchinson v Comcare [2018] FCA 505

FEDERAL COURT OF AUSTRALIA

Hutchinson v Comcare [2018] FCA 505

File number: WAD 581 of 2016

Judge: BARKER J

Date of judgment: 13 April 2018

Catchwords: ADMINISTRATIVE LAW – application for extension of time to apply for judicial review under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether the Court has jurisdiction to review a decision of Comcare not to waive a debt pursuant to a costs order made under the Federal Court of Australia Act 1976 (Cth) – where the Court does not have jurisdiction – whether the Court should exercise discretion to grant an extension of time after close to a year's delay – where it was open to the applicant to seek merits review in the Administrative Appeals Tribunal – application refused

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 42A(8), 42A(8B), 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3(2), 3(3), 3(4), 3(5), 6, 6(1), 6(1)(a), 6(1)(h), 6(2), 10(2)(b)(ii), 11(1)(c), 11(3) Federal Court of Australia Act 1976 (Cth) s 43 Judiciary Act 1903 (Cth) s 55ZF Privacy Act 1988 (Cth) Sch 1, cl 6.1, cl 6.2(b) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 71, 114, 114(1), 114D(1)

Cases cited: Cremona v Administrative Appeals Tribunal and Another (2015) 230 FCR 1; [2015] FCAFC 72 Edelsten v Minister for Health and Others (1994) 58 FCR 419; [1994] FCA 82 Fulton v Chief of the Defence Force [2017] FCA 913 Griffith University v Tang (2005) 221 CLR 99; [2005] HCA 7 Hamden v Secretary, Department of Human Services [2013] FCA 3 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344; [1984] FCA 186 Hutchinson v Comcare [2014] FCA 1300 Kioa v West (1985) 159 CLR 550; [1985] HCA 81 Malek Fahd Islamic School Limited v Minister for Education and Training [2017] FCA 757 Moggill Cove Pty Ltd v Burton & Ors [2018] VSC 24