Kulik v Administrative Appeals Tribunal [2009] FCA 716

Kulik v Administrative Appeals Tribunal [2009] FCA 716

The applicant failed to identify, with precision, the Centrelink decisions subject to his challenge and therefore did not disclose a justiciable controversy or cause of action capable of review by the Court.

Parties
Applicant: Vitaly Kulik; First Respondent: Administrative Appeals Tribunal; Second Respondent: Centrelink
Jurisdiction
Australia
Judgment Date
29 June 2009
Procedural Posture
Administrative Law Appeal / Directions/determination on Preliminary Issues
Outcome
Application stands dismissed in default of compliance with orders or otherwise stands over for directions if complied with.
Legal Topics
Tribunal Jurisdiction, Review of Government Decisions, Freedom of Information, Procedural Fairness
Administrative Law Tribunal Jurisdiction Review of Government Decisions Freedom of Information Procedural Fairness

Case Brief

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Parties

Vitaly Kulik

Applicant

Administrative Appeals Tribunal

First Respondent

Centrelink

Second Respondent

Procedural Posture

Administrative Law Appeal / Directions/determination on Preliminary Issues

Legal Issues

  1. 1 Whether the Administrative Appeals Tribunal had jurisdiction to review certain Centrelink decisions
  2. 2 Whether the applicant properly identified the decisions subject to review
  3. 3 Whether the application disclosed a justiciable controversy

Ratio Decidendi

The applicant failed to identify, with precision, the Centrelink decisions subject to his challenge and therefore did not disclose a justiciable controversy or cause of action capable of review by the Court.

Court Disposition

Application stands dismissed in default of compliance with orders or otherwise stands over for directions if complied with.

Orders

  • Applicant to file and serve affidavit annexing Centrelink decisions subject to review by 13 July 2009.
  • Applicant to file and serve affidavit of service on solicitor for Second Respondent by 15 July 2009.