Paschke v Secretary, Department of Social Services [2023] FCA 6

FEDERAL COURT OF AUSTRALIA

Paschke v Secretary, Department of Social Services [2023] FCA 6 File number: VID 388 of 2021

Judgment of: COLVIN J

Date of judgment: 12 January 2023

Catchwords: REPRESENTATIVE PROCEEDINGS - where representative applicant seeks to conduct representative proceeding in person - where claim alleges that the manner in which the Department of Social Services determines assessable curtilage is beyond statutory authority - where Commonwealth Ombudsman is claimed to have acted improperly in failing to deal with the applicant's complaints - where orders made for the applicant to show cause why the proceedings should not be dismissed - whether leave should be granted for an applicant in person to bring representative proceedings - whether the applicant has a sufficient personal interest to bring proceedings as a representative applicant or on his own behalf - whether the Ombudsman is entitled to rely upon s 33 of the Ombudsman Act 1976 (Cth) as a complete defence to the claim - orders made dismissing proceedings without notification to class members

Legislation: Federal Court of Australia Act 1976 (Cth) Part IVA Ombudsman Act 1976 (Cth) ss 33, 35 Social Security (Administration) Act 1999 (Cth)

Cases cited: Ansett Transport Industries (Operations) Pty Ltd v Kenneth F Wraith (1983) 48 ALR 500 Bateman's Bay Local Aboriginal Land Council v Aboriginal Community Benefit Fund Pty Ltd (1998) 194 CLR 247 Kelly v Willmott Forests Ltd (in liq) (No 4) [2016] FCA 323 Tomlinson v Ramsey Food Processing Pty Ltd [2015] HCA 28; (2015) 256 CLR 507 Wilkinson v Wilson Security Pty Ltd (No 2) [2022] FCA 1161 Wilkinson v Wilson Security Pty Ltd [2022] FCA 756