Federal Court of Australia
Federal Court of Australia
Gadzikwa v Administrative Appeals Tribunal [2021] FCA 151 File number: VID 709 of 2020
Judgment of: LOGAN J
Date of judgment: 19 February 2021
Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – interlocutory decision of the Tribunal to refuse to issue summonses – whether Tribunal acted in bad faith and denied procedural fairness to the applicant – application dismissed PRACTICE AND PROCEDURE – interlocutory application for recusal on basis of apprehended bias – where judge held commission with Tribunal at time originating application was filed – where applicant required to provide medical evidence as to capacity – interlocutory application dismissed – application for extension of time – where application treated as under Administrative Decisions (Judicial Review) Act 1977 (Cth) and s 39B Judiciary Act 1903 (Cth) – where applicant delayed in submitting application as result of pursuing matter under Administrative Appeals Tribunal Act 1975 (Cth) – whether the case has prospective merits – application dismissed
Legislation: Constitution s 75 Administrative Appeals Tribunal Act 1975 (Cth) ss 33, 40A, 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) Evidence Act 1995 (Cth) s 140 Judiciary Act 1903 (Cth) s 39B Safety, Rehabilitation and Compensation Act 1988 (Cth) s 62
Cases cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Director-General of Social Services v Chaney (1980) 47 FLR 80 Drake v Minister for Immigration and Ethnics Affairs (1979) 46 FLR 409 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337 Flightdeck Geelong Pty Ltd v All Options Pty Ltd (2020) 147 ASCR 227 Gadzikwa v Comcare [2020] FCA 1205 Gadzikwa v Comcare [2020] FCA 1560 Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 Michael Wilson & Partners Ltd v Nicholls (2011) 244 CLR 427 Rana v Repatriation Commission (2011) 196 FCR 137 Raybos Australia Pty Ltd v Tectran Corporation Pty Ltd (1986) 6 NSWLR 272 Re J.R.L.; Ex parte C.J.L. (1986) 161 CLR 342
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