Federal Court of Australia
Federal Court of Australia
Murphy v Secretary, Department of Social Services [2022] FCA 1605 Appeal from: Murphy v Secretary, Department of Social Services [2021] FedCFamC2G 336
File number: QUD 4 of 2022
Judgment of: LOGAN J
Date of judgment: 8 December 2022
Catchwords: ADMINISTRATIVE LAW – appeal against order for dismissal of judicial review application – exercise of discretion to dismiss under s 10 Administrative Decisions (Judicial Review) – internal review of decision by the Secretary, Department of Social Services for disability support pension – applicant did not meet qualifying criteria of 20 impairment points found in s 94(1)(b) of Social Security Act – impairment tables – Social Security (Tables for the Assessment of Work-related Impairment for Disability Support Pension) Determination 2011 – availability of complete review on the merits by Administrative Appeals Tribunal in respect of internal review decision – no error in exercise of discretion to dismiss application
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 10 Customs Tariff (Anti-Dumping) Act 1975 (Cth) Social Security Act 1991 (Cth) s 94 Social Security (Administration Act) 1999 (Cth) s 142
Cases cited: Cremona v Administrative Appeals Tribunal (2015) 230 FCR 1 House v The King (1936) 55 CLR 499 Murphy v Secretary, Department of Social Services [2021] FedCFamC2G 336 Swan Portland Cement Ltd v The Comptroller-General of Customs (1989) 25 FCR 523
Division: General Division
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