Transcon Holding Pty Ltd v Aged Care Quality and Safety Commission [2020] FCA 780

FEDERAL COURT OF AUSTRALIA

Transcon Holding Pty Ltd v Aged Care Quality and Safety Commission [2020] FCA 780 Review of: Transcon Holding Pty Ltd and Aged Care Quality and Safety Commissioner [2020] AATA 90 (23 January 2020)

File number: NSD 187 of 2020

Judge: ABRAHAM J

Date of judgment: 5 June 2020

Catchwords: ADMINISTRATIVE LAW – Application for extension of time to appeal from interlocutory decision of Administrative Appeals Tribunal (the Tribunal) pursuant to s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) – Whether decision by the Tribunal to refuse an application for stay is a "decision" to which s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) applies – Whether appeal is competent – Where substantive appeal has no merit because the appeal is incompetent – Application for an extension of time in which to appeal is dismissed

Legislation: Aged Care Act 1997 (Cth) s 10-3(7) Administrative Appeals Tribunal Act 1975 (Cth) ss 41(2), 44(1), 44(2A) Federal Court Rules 2011 (Cth) r 4.01(2)

Cases cited: Chief of Navy v Angre [2016] FCAFC 171; (2016) 244 FCR 457 Director-General of Social Services v Chaney [1980] FCA 87; (1980) 31 ALR 571 Frugtniet v Tax Practitioners Board [2013] FCA 752; (2013) 136 ALD 324 Hunter Valley Developments Pty Ltd v Cohen [1984] FCA 186; (1984) 3 FCR 344 Kishore v Tax Practitioners Board [2016] FCA 1328; (2016) 244 FCR 320 Kowalski v Repatriation Commission [2009] FCAFC 107; (2009) 259 ALR 444 Kumar v Secretary, Department of Social Services [2019] FCA 202 Mahaffy v Administrative Appeals Tribunal [2015] FCA 251 MDXJ v Secretary, Department of Social Services [2019] FCA 2163 Parker v The Queen [2002] FCAFC 133