Secretary, Department of Social Services & Commonwealth of Australia v Francesco Cassaniti and Maria Cassaniti [2015] NSWSC 1586

Secretary, Department of Social Services & Commonwealth of Australia v Francesco Cassaniti and Maria Cassaniti [2015] NSWSC 1586

The applicants were not parties to the Supreme Court proceedings and could not obtain declarations in those proceedings; they were not entitled to joinder because the earlier Final Orders did not directly affect their rights or liabilities. In any event, the Supreme Court of New South Wales lacked jurisdiction to declare what would bind the AAT, a federal tribunal. The motion was therefore dismissed.

Jurisdiction
Australia
Judgment Date
28 October 2015
Procedural Posture
Civil Procedure Application for Declaratory Relief by Non Parties to Settled Supreme Court Proceedings / Notice of Motion Seeking Declarations About the Effect of Earlier Consent Declarations And, Alternatively, Joinder
Outcome
The applicants' motion is dismissed.
Legal Topics
['declaratory Relief' 'non Party Applications' 'joinder' 'effect of Consent Declarations' 'administrative Appeals Tribunal Jurisdiction' 'cross Vesting' 'costs']
['civil Procedure' 'equity' 'administrative Law' 'social Security'] ['declaratory Relief' 'non Party Applications' 'joinder' 'effect of Consent Declarations' 'administrative Appeals Tribunal Jurisdiction' 'cross Vesting' 'costs']

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Procedural Posture

Civil Procedure Application for Declaratory Relief by Non Parties to Settled Supreme Court Proceedings / Notice of Motion Seeking Declarations About the Effect of Earlier Consent Declarations And, Alternatively, Joinder

Legal Issues

  1. 1 ['Whether non-parties to the Supreme Court proceedings had jurisdiction to seek declarations in those proceedings.' 'Whether the applicants should be joined to the proceedings so that they could seek declaratory relief.' 'Whether the Supreme Court of New South Wales had jurisdiction to make declarations about what matters would be binding on the Administrative Appeals Tribunal.' 'Whether, if jurisdiction existed, the Court should exercise its discretion to make the proposed declarations.']

Ratio Decidendi

The applicants were not parties to the Supreme Court proceedings and could not obtain declarations in those proceedings; they were not entitled to joinder because the earlier Final Orders did not directly affect their rights or liabilities. In any event, the Supreme Court of New South Wales lacked jurisdiction to declare what would bind the AAT, a federal tribunal. The motion was therefore dismissed.

Court Disposition

The applicants' motion is dismissed.

Orders

  • ["Dismiss the applicants' notice of motion." 'Order each party to bear their or its own costs of the proceedings.' 'Order (2) will be stayed for 7 days to allow the parties to decide whether to argue for a variation to Order (2).']