Schiffer v Pattison [2000] FCA 418

Schiffer v Pattison [2000] FCA 418

Although the original notice of appeal disclosed no appealable question of law, the applicant was initially self represented and obtained pro bono counsel only during the strike out motion. Several proposed amended grounds, including procedural fairness, the Tribunal's consideration of AMP shareholding matters, and whether the Tribunal discharged its statutory task in relation to the first objection notice, were capable of raising questions of law on tenable grounds. Leave to amend the notice of appeal was therefore granted, subject to filing and serving an appropriate draft amended notice of appeal.

Jurisdiction
Australia
Judgment Date
05 April 2000
Procedural Posture
Appeal From a Decision of the Administrative Appeals Tribunal Affirming a Notice of Objection to Discharge the Applicant's Bankruptcy / Respondent's Notice of Motion to Strike Out the Notice of Appeal; Applicant's Application for Leave to Amend the Notice of Appeal
Outcome
Leave granted to amend the notice of appeal; further hearing of the notice of motion adjourned; costs reserved.
Legal Topics
['appeal From Administrative Appeals Tribunal' 'question of Law Under S 44(1) of the Administrative Appeals Tribunal Act 1975 (cth)' 'strike Out of Notice of Appeal' 'leave to Amend Notice of Appeal' 'procedural Fairness' 'objection to Discharge From Bankruptcy' 'litigant in Person']
['practice and Procedure' 'administrative Law' 'bankruptcy'] ['appeal From Administrative Appeals Tribunal' 'question of Law Under S 44(1) of the Administrative Appeals Tribunal Act 1975 (cth)' 'strike Out of Notice of Appeal' 'leave to Amend Notice of Appeal' 'procedural Fairness' 'objection to Discharge From Bankruptcy' 'litigant in Person']

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Procedural Posture

Appeal From a Decision of the Administrative Appeals Tribunal Affirming a Notice of Objection to Discharge the Applicant's Bankruptcy / Respondent's Notice of Motion to Strike Out the Notice of Appeal; Applicant's Application for Leave to Amend the Notice of Appeal

Legal Issues

  1. 1 ['Whether the original notice of appeal disclosed a question of law as required by s 44(1) of the Administrative Appeals Tribunal Act 1975 (Cth).' 'Whether leave should be granted to amend the notice of appeal where the applicant was initially self represented and later obtained pro bono counsel.' "Whether the proposed amended grounds raised questions of law on tenable grounds, including procedural fairness, consideration of the AMP shares issue, and the Tribunal's discharge of its statutory task." 'Whether the appeal would have utility in light of the second notice of objection to discharge.']

Ratio Decidendi

Although the original notice of appeal disclosed no appealable question of law, the applicant was initially self represented and obtained pro bono counsel only during the strike out motion. Several proposed amended grounds, including procedural fairness, the Tribunal's consideration of AMP shareholding matters, and whether the Tribunal discharged its statutory task in relation to the first objection notice, were capable of raising questions of law on tenable grounds. Leave to amend the notice of appeal was therefore granted, subject to filing and serving an appropriate draft amended notice of appeal.

Court Disposition

Leave granted to amend the notice of appeal; further hearing of the notice of motion adjourned; costs reserved.

Orders

  • ['The applicant have leave to amend the notice of appeal filed 25 August 1999 in accordance with the reasons for judgment delivered in this matter on 5 April 2000.' 'The applicant file and serve a draft of the proposed amended notice of appeal on or before 26 April 2000.' 'The further hearing of the notice of motion...