G.D. v AAT

Case

[2005] HCATrans 124

No judgment structure available for this case.

[2005] HCATrans 124

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S568 of 2003

B e t w e e n -

G.D.

Applicant

and

ADMINISTRATIVE APPEALS TRIBUNAL

Respondent

Application for special leave to appeal

Publication of reasons and pronouncement of orders

GUMMOW J
KIRBY J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 10 MARCH 2005, AT 9.26 AM

Copyright in the High Court of Australia

GUMMOW J:   The applicant's application was dismissed by the Administrative Appeals Tribunal on the ground that it had no jurisdiction conferred by the Administrative Appeals Tribunal Act 1975 (Cth) to deal with the complaints made to it. This outcome was upheld by the Federal Court, both at first instance and in the Full Court. There is no reason to doubt the correctness of the reasons given in the Federal Court.

The application for special leave to this Court is out of time.  It would be futile to grant an extension of time as sought because there are no prospects of success in the special leave application itself.  Accordingly the application for extension of time is refused.

Pursuant to r 41.11.1 we direct the Registrar to draw up, sign and seal an order dismissing this application as made out of time.

I publish the disposition signed by Justice Kirby and myself.

AT 9.26 AM THE MATTER WAS CONCLUDED

Areas of Law

  • Administrative Law

  • Statutory Interpretation

Legal Concepts

  • Judicial Review

  • Jurisdiction

  • Procedural Fairness

  • Standing

  • Statutory Construction

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