Barrett v Department of Social Security [1995] FCA 780

Barrett v Department of Social Security [1995] FCA 780

The application for an extension of time was refused because the delay was very lengthy, inadequately explained, likely prejudicial to the respondent, and there was no question of law disclosed as required by s44(1) of the Administrative Appeals Tribunal Act 1975. The applicant's desire to introduce further evidence...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
26 September 1995
Procedural Posture
Application for Extension of Time to Appeal (administrative Law) / Decision on Application to Extend Time for Filing and Serving Notice of Appeal
Outcome
Application dismissed
Legal Topics
['extension of Time' 'administrative Appeals Tribunal Appeals' 'question of Law' 'fresh Evidence']
['administrative Law' 'practice and Procedure'] ['extension of Time' 'administrative Appeals Tribunal Appeals' 'question of Law' 'fresh Evidence']

Source-derived case record

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Procedural Posture

Application for Extension of Time to Appeal (administrative Law) / Decision on Application to Extend Time for Filing and Serving Notice of Appeal

Legal Issues

  1. 1 ['Whether the applicant should be granted an extension of time to file and serve a notice of appeal against a Tribunal decision under s44(2A) Administrative Appeals Tribunal Act 1975' 'Whether a question of law arises as required for appeal under sub-s.44(1)' 'Whether the absence of evidence before the Tribunal constitutes an error of law']

Ratio Decidendi

The application for an extension of time was refused because the delay was very lengthy, inadequately explained, likely prejudicial to the respondent, and there was no question of law disclosed as required by s44(1) of the Administrative Appeals Tribunal Act 1975. The applicant's desire to introduce further evidence was not a proper basis for appeal, and his allegations concerning false evidence were unsupported and would not overcome the other evidence before the Tribunal.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.']