Lawrance v President, Administrative Appeals Tribunal [2005] FCA 1856

Lawrance v President, Administrative Appeals Tribunal [2005] FCA 1856

The hearing dates are vacated as both parties agree and due to pending procedural steps, but suppression of the applicant's name is not warranted on an interlocutory basis without changed circumstances; allegations of bias have been previously ruled on and no new basis shown.

Parties
Applicant: Aroha Lawrance; First Respondent: President, Administrative Appeals Tribunal; Second Respondent: Senior Member Kelly, Administrative Appeals Tribunal; Third Respondent: Senior Member Allen, Administrative Appeals Tribunal; Fourth Respondent: Bev Smith; Fifth Respondent: Chief Executive Officer, CRS Australia; Sixth Respondent: Executive Director, Social Security Appeals Tribunal; Seventh Respondent: Chief Executive Officer, Centrelink; Eighth Respondent: Principle Member, Refugee Review Tribunal; Ninth Respondent: Secretary, Department of Family and Community Services; Tenth Respondent: Human Rights and Equal Opportunity Commission; Respondent (nsd 909 of 2005): CRS Australia
Jurisdiction
Australia
Judgment Date
02 December 2005
Procedural Posture
Federal Court Civil Applications / Interlocutory/case Management Orders
Outcome
Hearing dates vacated; applications otherwise dismissed.
Legal Topics
Application to Vacate Hearing Date, Allegation of Bias, Suppression Order (s 50 Federal Court of Australia Act), Directions for Written Submissions
Administrative Law Civil Procedure Application to Vacate Hearing Date Allegation of Bias Suppression Order (s 50 Federal Court of Australia Act) Directions for Written Submissions

Case Brief

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Parties

Aroha Lawrance

Applicant

President, Administrative Appeals Tribunal

First Respondent

Senior Member Kelly, Administrative Appeals Tribunal

Second Respondent

Senior Member Allen, Administrative Appeals Tribunal

Third Respondent

Bev Smith

Fourth Respondent

Chief Executive Officer, CRS Australia

Fifth Respondent

Executive Director, Social Security Appeals Tribunal

Sixth Respondent

Chief Executive Officer, Centrelink

Seventh Respondent

Principle Member, Refugee Review Tribunal

Eighth Respondent

Secretary, Department of Family and Community Services

Ninth Respondent

Human Rights and Equal Opportunity Commission

Tenth Respondent

CRS Australia

Respondent (nsd 909 of 2005)

Procedural Posture

Federal Court Civil Applications / Interlocutory/case Management Orders

Legal Issues

  1. 1 Whether hearing date should be vacated due to applicant's absence and for procedural fairness
  2. 2 Whether an order for suppression of applicant's name should be made under s 50 Federal Court of Australia Act
  3. 3 Whether there is bias due to fixing hearing date in absence of the applicant

Ratio Decidendi

The hearing dates are vacated as both parties agree and due to pending procedural steps, but suppression of the applicant's name is not warranted on an interlocutory basis without changed circumstances; allegations of bias have been previously ruled on and no new basis shown.

Court Disposition

Hearing dates vacated; applications otherwise dismissed.

Orders

  • The hearing date on Tuesday 13 December 2005 is vacated.
  • Both matters set down for hearing on Thursday 16 March 2006 at 10:15 am.