Grabovsky v Secretary, Department of Social Services [2014] FCA 1121

Grabovsky v Secretary, Department of Social Services [2014] FCA 1121

The supplementary notice of appeal did not articulate a question of law as required for an appeal from the Tribunal to the Court and attempted to appeal conduct or decisions not made by the Tribunal; the application for leave to file a supplementary notice was accordingly dismissed.

Parties
Applicant: Igor Grabovsky; First Respondent: Secretary, Department of Social Services; Second Respondent: Administrative Appeals Tribunal
Jurisdiction
Australia
Judgment Date
21 October 2014
Procedural Posture
Appeal / Interlocutory Application, Judgment on Competency of Appeal and Supplementary Notice of Appeal
Outcome
Application for leave to file supplementary notice of appeal dismissed; costs ordered against applicant on interlocutory application.
Legal Topics
Disability Support Pension, Jurisdiction of Federal Court, Procedural Fairness, Appeals From Administrative Appeals Tribunal
Administrative Law Social Security Law Practice and Procedure Disability Support Pension Jurisdiction of Federal Court Procedural Fairness Appeals From Administrative Appeals Tribunal

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Parties

Igor Grabovsky

Applicant

Secretary, Department of Social Services

First Respondent

Administrative Appeals Tribunal

Second Respondent

Procedural Posture

Appeal / Interlocutory Application, Judgment on Competency of Appeal and Supplementary Notice of Appeal

Legal Issues

  1. 1 Whether the supplementary notice of appeal discloses a question of law
  2. 2 Whether the Federal Court has jurisdiction to hear an appeal from conduct or decisions of the Secretary under the relevant legislation
  3. 3 Whether there was a failure to afford procedural fairness

Ratio Decidendi

The supplementary notice of appeal did not articulate a question of law as required for an appeal from the Tribunal to the Court and attempted to appeal conduct or decisions not made by the Tribunal; the application for leave to file a supplementary notice was accordingly dismissed.

Court Disposition

Application for leave to file supplementary notice of appeal dismissed; costs ordered against applicant on interlocutory application.

Orders

  • The applicant pay the first respondent's costs of the interlocutory application filed 25 September 2014.