Dranichnikov v Centrelink [2002] FCA 1361

Dranichnikov v Centrelink [2002] FCA 1361

There was no reviewable decision made by Centrelink on 10 September 2002; neither the request nor the response constituted a decision under a statute capable of judicial review. Therefore, paragraph 2 of the amended application should be struck out.

Parties
First Applicant: Sergey Dranichnikov; Second Applicant: Olga Dranichnikov; First Respondent: Centrelink; Second Respondent: Brian McKenna in his capacity as a Centrelink Recovery Officer
Jurisdiction
Australia
Judgment Date
25 October 2002
Procedural Posture
Judicial Review / Interlocutory (strike Out Application)
Outcome
Paragraph 2 of the amended application for an order of review struck out.
Legal Topics
Judicial Review, Reviewable Decisions, Social Security Eligibility, Procedural Requirements
Administrative Law Judicial Review Reviewable Decisions Social Security Eligibility Procedural Requirements

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Sergey Dranichnikov

First Applicant

Olga Dranichnikov

Second Applicant

Centrelink

First Respondent

Brian McKenna in his capacity as a Centrelink Recovery Officer

Second Respondent

Procedural Posture

Judicial Review / Interlocutory (strike Out Application)

Legal Issues

  1. 1 Whether a reviewable decision was made on 10 September 2002 by Centrelink
  2. 2 Whether paragraph 2 of the amended application for review discloses a justiciable decision

Ratio Decidendi

There was no reviewable decision made by Centrelink on 10 September 2002; neither the request nor the response constituted a decision under a statute capable of judicial review. Therefore, paragraph 2 of the amended application should be struck out.

Court Disposition

Paragraph 2 of the amended application for an order of review struck out.

Orders

  • Paragraph 2 of the amended application for an order of review be struck out.