Federal Court of Australia
Federal Court of Australia
Gadzikwa v Comcare [2020] FCA 1560 Appeal from: Gadzikwa v Comcare [2020] FCA 1205
File number: VID 602 of 2020
Judgment of: KERR J
Date of judgment: 28 October 2020
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from interlocutory decision of the Federal Court of Australia finding incompetent a purported appeal from an interlocutory decision of the Administrative Appeals Tribunal not to issue certain summonses – Federal Court of Australia Act 1976 (Cth) s 24(1A) – application of principle established by Full Court in Director-General of Social Services v Chaney [1980] FCA 2163; 47 FLR 80 that as a general proposition an appeal under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) lies only from a decision which constituted the effective decision or determination of the application for review in the Tribunal – decision of primary judge not attended by sufficient doubt to warrant it being reconsidered by a Full Court – no substantial injustice in refusing leave as other avenues for seeking review of the conduct and/or decisions of the Tribunal available to the Applicant – application dismissed
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 40A, 43, 44(1) Federal Court of Australia Act 1976 (Cth) ss 24(1A), 43(1) Pearce DC, Administrative Appeals Tribunal (4th ed, LexisNexis Butterworths, 2015)
Cases cited: Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc [1981] HCA 39; 148 CLR 170 Ah-Chee v Stuart [2019] FCAFC 165 Australian Broadcasting Tribunal v Bond [1990] HCA 33; 170 CLR 321 Australian Postal Commission v Hayes (1998) 23 FCR 320 Commissioner of Police, New South Wales v Guo [2016] FCAFC 62; 332 ALR 236 Director-General of Social Services v Chaney [1980] FCA 2163; 47 FLR 80 Douglass v Administrative Appeals Tribunal [2017] FCA 1105 Duncan v Hotop [2002] FMCA 37 Ellis v Scentre Shopping Centre Management (WA) Pty Ltd trading as Westfield Shoppingtown Carousel Pty Ltd [2018] FCA 336 Geographical Indications Committee v The Honourable Justice O'Connor [2000] FCA 1877 MDXJ v Secretary, Department of Social Services [2019] FCA 2163 Mladenov v Secretary, Department of Social Services [2015] FCA 1472 Phillips v Inspector-General in Bankruptcy [2011] FCA 612 Yao v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 18 Yao v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 241
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