Paschke v Burns [2016] FCA 1524

Paschke v Burns [2016] FCA 1524

The application was dismissed as it did not disclose a justiciable dispute and the applicants lacked standing; the Registrar correctly refused the documents for filing under Federal Court Rules 2011 r 2.26, r 2.27.

Parties
First Applicant: Winfried Paschke; Second Applicant: Elvier Deidre Paschke; First Respondent: Deputy Registrar Burns; Second Respondent: Deputy Principal Registrar Mathieson
Jurisdiction
Australia
Judgment Date
09 December 2016
Procedural Posture
Judicial Review Application / Dismissal at First Instance
Outcome
Application dismissed
Legal Topics
Judicial Review, Standing, Social Security Assets Test
Administrative Law Human Rights Judicial Review Standing Social Security Assets Test

Case Brief

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Parties

Winfried Paschke

First Applicant

Elvier Deidre Paschke

Second Applicant

Deputy Registrar Burns

First Respondent

Deputy Principal Registrar Mathieson

Second Respondent

Procedural Posture

Judicial Review Application / Dismissal at First Instance

Legal Issues

  1. 1 Whether the application for judicial review disclosed a justiciable dispute
  2. 2 Whether the applicants had standing to bring the application
  3. 3 Whether the registrars' refusal to accept filing was correct under Federal Court Rules

Ratio Decidendi

The application was dismissed as it did not disclose a justiciable dispute and the applicants lacked standing; the Registrar correctly refused the documents for filing under Federal Court Rules 2011 r 2.26, r 2.27.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.