Andelman v Administrative Appeals Tribunal [2011] FCA 815

Andelman v Administrative Appeals Tribunal [2011] FCA 815

The application for extension of time was dismissed because the applicant did not demonstrate special reasons for filing an appeal out of time and the proposed appeal had no prospect of success. Section 21A was not enlivened because neither the applicant's written letter nor his oral statements suggested that the proceeding involved matters of public importance. The applicant left the Tribunal hearing before the Tribunal could understand or assist with his request, thereby failing to proceed with his application within a reasonable time, so the Tribunal's power under s 42A(5) to dismiss the review application was enlivened and procedural fairness did not prevent dismissal.

Jurisdiction
Australia
Judgment Date
04 July 2011
Procedural Posture
Application for Extension of Time to File an Appeal / Application Dismissed
Outcome
Application dismissed with costs; Secretary, Department of Families, Housing, Community Services & Indigenous Affairs joined as second respondent.
Legal Topics
['extension of Time to Appeal' 'administrative Appeals Tribunal Review' 'reconstitution of Tribunal' 'procedural Fairness' 'dismissal for Failure to Proceed' 'prospects of Appeal']
['administrative Law' 'social Security' 'federal Court Procedure'] ['extension of Time to Appeal' 'administrative Appeals Tribunal Review' 'reconstitution of Tribunal' 'procedural Fairness' 'dismissal for Failure to Proceed' 'prospects of Appeal']

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Procedural Posture

Application for Extension of Time to File an Appeal / Application Dismissed

Legal Issues

  1. 1 ['Whether time should be extended to permit the applicant to file an appeal against the decision of Jagot J given on 31 March 2011.' 'Whether the proposed appeal had sufficient prospects of success to warrant an extension of time.' "Whether the Tribunal's obligations under s 21A of the Administrative Appeals Tribunal Act 1975 (Cth) were enlivened by the applicant's request that another member hear his case." "Whether the Tribunal had power under s 42A(5) of the Administrative Appeals Tribunal Act 1975 (Cth) to dismiss the applicant's application for review after he left the hearing." 'Whether procedural fairness precluded the Tribunal from dismissing the application for review in the circumstances.']

Ratio Decidendi

The application for extension of time was dismissed because the applicant did not demonstrate special reasons for filing an appeal out of time and the proposed appeal had no prospect of success. Section 21A was not enlivened because neither the applicant's written letter nor his oral statements suggested that the proceeding involved matters of public importance. The applicant left the Tribunal hearing before the Tribunal could understand or assist with his request, thereby failing to proceed with his application within a reasonable time, so the Tribunal's power under s 42A(5) to dismiss the review application was enlivened and procedural fairness did not prevent dismissal.

Court Disposition

Application dismissed with costs; Secretary, Department of Families, Housing, Community Services & Indigenous Affairs joined as second respondent.

Orders

  • ['Secretary, Department of Families, Housing, Community Services & Indigenous Affairs be joined as the second respondent.' 'The service of any amended application is dispensed with.' 'The application is dismissed.' "The applicant is to pay the second respondent's costs of this application."]