Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kumar v Secretary, Department of Social Services [2019] FCA 202 File number: QUD 39 of 2019
Judge: LOGAN J
Date of judgment: 6 February 2019
Catchwords: ADMINISTRATIVE LAW – social security – appeal from an Order of the Administrative Appeals Tribunal granting a temporary stay of the implementation of the decision under review – whether appeal competent – whether order was a "decision" giving right of appeal to the Federal Court.
Legislation: Constitution s 75(v) Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) s 37AO Judiciary Act 1903 (Cth) ss 39B, 78B
Cases cited: Director-General of Social Services v Chaney (1980) 47 FLR 80 Frugtniet v Tax Practitioners Board [2013] 60 AAR 515
Date of hearing: 6 February 2019
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 9
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondents: Mr M Black
Solicitor for the Respondents: Sparke Helmore Lawyers
ORDERS QUD 39 of 2019
BETWEEN: NITESH KUMAR Applicant
AND: SECRETARY, DEPARTMENT OF SOCIAL SERVICES First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL Second Respondent
JUDGE: LOGAN J DATE OF ORDER: 6 FEBRUARY 2019
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