Federal Court of Australia
Federal Court of Australia
Ambrose v Commonwealth of Australia [2020] FCA 1439 File number(s): ACD 60 of 2019
Judgment of: PERRY J
Date of judgment: 8 October 2020
Catchwords: ADMINISTRATIVE LAW – where applicant's Newstart allowance under Social Security (Administration) Act 1999 (Cth) suspended for non-compliance with mutual obligation requirements – where allowance reinstated and applicant repaid allowance in full on internal review – where application for judicial review under Administrative Decisions (Judicial Review) Act 1977 (Cth) of suspension lacks any utility – where in any event adequate provision is made for full merits review under the Social Security (Administration) Act 1999 (Cth) – relief refused in the exercise of discretion
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Social Security (Administration) Act 1999 (Cth) Social Security Act 1991 (Cth)
Cases cited: Aalders v Tax Agents' Board (Qld) [2006] FCA 1442; (2006) 64 ATR 500 Bonan v Hadgkiss [2007] FCAFC 113; (2007) 160 FCR 29 Dauguet v Centrelink [2015] FCA 395 McGowan v Migration Agents Registration Authority [2003] FCA 482; (2003) 129 FCR 118
Division: General Division
Registry: Australian Capital Territory
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 20
Date of last submission/s: 28 September 2020
Date of hearing: Determined on the papers and 30 September 2020
Counsel for the Applicant: Applicant appeared in person
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