FEDERAL COURT OF AUSTRALIA
Parrett v Secretary, Department of Family & Community Services
[2002] FCA 950
JAMES PARRETT v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
N945 of 2002
MADGWICK J
12 JULY 2002
SYDNEY
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IN THE FEDERAL COURT OF AUSTRALIA |
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N945 of 2002 |
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BETWEEN: |
JAMES PARRETT APPLICANT
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AND: |
SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES RESPONDENT
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DATE OF ORDER: |
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WHERE MADE: |
THE COURT FURTHER ORDERS THAT:
1. The matter be remitted to the Administrative Appeals Tribunal, differently constituted, for determination according to law.
2. The respondent to pay the applicant’s costs.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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N945 of 2002 |
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BETWEEN: |
APPLICANT
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AND: |
SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES RESPONDENT
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JUDGE: |
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DATE: |
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PLACE: |
REASONS FOR JUDGMENT
(revised from transcript)
1 In this matter I have already given my reasons for decision in relation to the main point: Parrett v Secretary, Department of Family & Community Services [2002] FCA 716. However, another point has been raised in the application and that is whether the Social Security Appeal Tribunal had erred in its conclusions as to the practical utility of the appeal to it, because of some delay in lodging the appeal. The parties are at one that the Social Security Appeal Tribunal made a mistake in that regard. That is a joint view with which I agree, but I need not make any formal order to give effect to that view.
2 I have already ordered that the decision of the Administrative Appeals Tribunal of 21 May 2001 be set aside. I will further order that the matter be remitted to the Tribunal, differently constituted, for determination according to law. The respondent is to pay the applicant’s costs.
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I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Madgwick. |
Associate:
Dated: 12 July 2002
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Counsel for the Applicant: |
Mr A Anforth |
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Solicitor for the Applicant: |
Welfare Rights & Legal Centre |
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Counsel for the Respondent: |
Ms R M Henderson |
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Solicitor for the Respondent: |
Minter Ellison |
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Date of Hearing: |
12 July 2002 |
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Date of Judgment: |
12 July 2002 |
