Daly v Australian Securities and Investments Commission [2021] FCA 1521

Federal Court of Australia

Daly v Australian Securities and Investments Commission [2021] FCA 1521 File number(s): VID 752 of 2020

Judgment of: DAVIES J

Date of judgment: 29 November 2021

Date of publication of reasons: 6 December 2021

Catchwords: ADMINISTRATIVE LAW – whether decision of the Administrative Appeals Tribunal refusing to stay an application for review is an appealable "decision" under s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth) – notice of objection to competency – decision interlocutory in nature and not "final determination" of the application for review – application not competent – application for extension of time to file a review under Administrative Decisions (Judicial Review) Act 1977 (Cth) (ADJR Act) – application for review not a reviewable decision under s 5 of the ADJR Act – application refused.

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 43, 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(a), 5(1)(e), 5(1)(f) Corporations Act 2001 (Cth) ss 920A, 920B, 1317G, ss 601FV(1), (3)

Cases cited: Daly and Australian Securities and Investments Commission [2020] AATA 4589 Director-General of Social Services v Chaney [1980] FCA 87; (1980) 3 ALD 161 Federal Commissioner of Taxation v Beddoe (1996) FCR 446 Geographical Indications Committee v The Honourable Justice O'Connor [200] FCA 1877; (2000) 64 ALD 325 MDXJ v Secretary, Department of Social Services [2019] FCA 2163; (2019) 168 ALD 454 Productivity Partners Pty Ltd and Australian Skills Quality Authority [2018] AATA 4878