Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Orfali v Chief Executive Officer, Services Australia [2020] FCA 747 Appeal from: Order of the Administrative Appeals Tribunal dated 22 July 2019 in proceeding number 4497 of 2018
File number(s): VID 938 of 2019
Judge(s): O'BRYAN J
Date of judgment: 3 June 2020
Catchwords: ADMINISTRATIVE LAW - application under s 44(2A) of the Administrative Appeals Tribunal Act 1975 (Cth) for an extension of time to appeal decision of the Administrative Appeals Tribunal – whether adequate explanation for the delay – whether the proposed appeal has merit – whether application identifies arguable error of law – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth), ss 42A(5), 44(1), 44(2A) Federal Court Rules 2011 (Cth), rr 33.13, 33.30, 33.32
Cases cited: ASIC v Reid (No 1) (2006) 151 FCR 540 Cooper v Comcare [2002] FCAFC 347 Elliott v ASIC (2004) 10 VR 369 Foster v ACCC [2012] FCA 953 Franich v Secretary, Department of Families, Housing Community Services and Indigenous Affairs [2011] FCA 1362 Haritos v Commissioner of Taxation (2015) 233 FCR 315 Hutchinson v Comcare (2014) 143 ALD 687 NSW v Canellis (1994) 181 CLR 309 Repatriation Commission v Hill (2002) 69 ALD 581 SZQFS v Minister for Immigration and Citizenship [2011] FCA 1244
Date of hearing: 22 May 2020
Registry: Victoria
Division: General Division
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