MDXJ v Secretary, Department of Social Services [2019] FCA 2163

MDXJ v Secretary, Department of Social Services [2019] FCA 2163

The appeal is incompetent because the Tribunal's directions following the preliminary hearing were interlocutory and did not finally determine the application for review, as required by s 44(1) of the AAT Act.

Parties
Applicant: MDXJ; First Respondent: Secretary, Department of Social Services; Second Respondent: SVPX
Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Appeal / Judgment on Competency of Appeal
Outcome
Appeal dismissed for incompetency
Legal Topics
AAT Act S 44 Appeals, Competency of Appeal, Interlocutory Decisions, Family Assistance Act Family Tax Benefit
Administrative Law AAT Act S 44 Appeals Competency of Appeal Interlocutory Decisions Family Assistance Act Family Tax Benefit

Case Brief

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Parties

MDXJ

Applicant

Secretary, Department of Social Services

First Respondent

SVPX

Second Respondent

Procedural Posture

Appeal / Judgment on Competency of Appeal

Legal Issues

  1. 1 Whether directions of the Administrative Appeals Tribunal constituted a 'decision' under s 44(1) of the AAT Act
  2. 2 Whether the appeal to the Federal Court was competent

Ratio Decidendi

The appeal is incompetent because the Tribunal's directions following the preliminary hearing were interlocutory and did not finally determine the application for review, as required by s 44(1) of the AAT Act.

Court Disposition

Appeal dismissed for incompetency

Orders

  • The appeal be dismissed on the basis that it is incompetent.