Federal Court of Australia
Federal Court of Australia
Ambrose v Secretary of Department of Social Services [2022] FCA 1274 File number: ACD 15 of 2022
Judgment of: WIGNEY J
Date of judgment: 27 October 2022
Catchwords: ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal pursuant to s 44(1) of Administrative Appeals Tribunal Act 1975 (Cth) on question of law – central issue on appeal whether the respondent was correctly named in AAT proceedings below as "the person who made the decision" per s 30(1) of Administrative Appeals Tribunal Act 1975 (Cth) – finding that respondent was the proper respondent in AAT proceedings – consideration of respondent's summary dismissal application and applicable principles – whether appeal was frivolous, vexatious or had no reasonable prospect of being successfully prosecuted – appeal was frivolous or vexatious in the requisite sense and had no reasonable prospect of being successfully prosecuted – appeal summarily dismissed with costs
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 30(1)(a), 30(1)(b), 42B(1)(a), 43(1), 44, 44(1) Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) ss 31A, 31A(2) Federal Court Rules 2011 (Cth) rr 26.01(1), 26.01(1)(b) Human Services (Centrelink) Act 1997 (Cth) ss 3, 7 Social Security (Administration) Act 1999 (Cth) ss 3(2), 42AC(1)(c), 42AF(1)(a), 42AL, 129, 135, 142, 142(1)(a), 142A(a), 142A(b), 144, 179(1), 179(2)(a), 180, 235 Social Security Act 1991 (Cth) ss 23, 23(17)
Cases cited: Ambrose v Commonwealth of Australia [2020] FCA 1439 Ambrose v Commonwealth of Australia [2021] FCAFC 88 Ambrose v Commonwealth of Australia [2021] HCASL 178 Attorney-General v Wentworth (1988) 14 NSWLR 481 Batistatos v Roads and Traffic Authority (NSW) (2006) 226 CLR 256 Gallo v Attorney-General (unreported, Supreme Court of Victoria, Full Court, 4 September 1984) Matthews v State of Queensland [2015] FCA 1488 Spencer v Commonwealth of Australia (2010) 241 CLR 118 Von Reisner v Commonwealth (2009) 177 FCR 531
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