Federal Court of Australia
Federal Court of Australia Pulvirenti v Secretary, Department of Education [2024] FCA 1106 Appeal from:
File number: SAD 97 of 2023
Judgment of: CHARLESWORTH J
Date of judgment: 23 September 2024
Catchwords: ADMINISTRATIVE LAW – appeal from a decision of the Administrative Appeal Tribunal – appeal confined to questions of law – Tribunal affirmed a decision not to remit a portion of the applicant's HECS debt – Tribunal refusing to waive a requirement that an application for remission be made within a prescribed application period – whether Tribunal misconstrued a condition on the power to waive – whether Tribunal failed to have regard to relevant considerations – no error of law disclosed
Administrative Appeals Tribunal Act 1975 (Cth) s 44 Legislation: Higher Education Support Act 2003 (Cth) ss 36-20, 36-21, 36-22, 96-1, 137-5 Higher Education Support (Administration) Guidelines 2022 (Cth)
CNPG v Secretary, Department of Education [2022] AATA 4349 Cases cited: HHJK v Secretary, Department of Education [2023] AATA 1775 Minister for Immigration and Ethnic Affairs v Wu Shan Liang (1996) 185 CLR 259 Thomson v Secretary, Department of Education, Skills and Employment [2020] AATA 4672
Division: General Division
Registry: South Australia
National Practice Area:
Number of paragraphs: 43
Date of hearing: 24 November 2023
Counsel for the Applicant: The applicant appeared in person
Counsel for the Respondent: Mr P d'Assumpcao
Solicitor for the Respondent: MinterEllison
ORDERS SAD 97 of 2023
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