MDXJ v Secretary, Department of Social Services [2020] FCA 1767

Federal Court of Australia

MDXJ v Secretary, Department of Social Services [2020] FCA 1767 File number: SAD 131 of 2020

Judgment of: BESANKO J

Date of judgment: 10 December 2020

Catchwords: PRACTICE AND PROCEDURE — application for discovery of Department of Social Services policies in an appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) — whether order for discovery would facilitate the just resolution of the proceeding as quickly, inexpensively and efficiently as possible — where Tribunal not bound to take the policies into account — where the policies sought by the applicant do not bear on the correct interpretation of the Act that is relevant to the resolution of the proceedings — application refused

Legislation: A New Tax System (Family Assistance) Act 1999 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) s 44 Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) r 20.11

Cases cited: Elbehidi v Secretary, Department of Employment [2015] FCA 1229 Hneidi v Minister for Immigration and Citizenship [2010] FCAFC 20; (2010) 182 FCR 115 MDXJ v Secretary, Department of Social Services [2019] FCA 2163; (2019) 168 ALD 454 MDXJ and Secretary, Department of Social Services (Social services second review) [2019] AATA 177 MDXJ and Secretary, Department of Social Services (Social services second review) [2020] AATA 2520 Minister for Home Affairs v G [2019] FCAFC 79; (2019) 266 FCR 569 Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 United Salvage Pty Ltd v Louis Dreyfus Armateurs SNC [2006] FCA 116