FEDERAL COURT OF AUSTRALIA
Manchester v MacDonnell [2012] FCA 841
Citation: Manchester v MacDonnell [2012] FCA 841 Appeal from: Federal Magistrates Court of Australia Parties: MR MANCHESTER v JANE MACDONNELL, SUE ELLEN BULLOCK, SOCIAL SECURITY APPEALS TRIBUNAL, MS MANCHESTER and COMMONWEALTH OF AUSTRALIA File number: NSD 160 of 2012 Judge: GRIFFITHS J Date of judgment: 10 August 2012 Catchwords: ADMINISTRATIVE LAW – decision by SSAT Principal Member to remove appellant as a party to SSAT proceedings – decision by SSAT Senior Member to consequently dismiss appellant’s application to SSAT – whether Senior Member failed to take into account prejudice to the appellant – whether Federal Magistrate failed to consider the effect of the removal decision on the appellant’s substantive rights – whether the Federal Magistrate erred in not finding that the Principal Member improperly exercised discretion under s 101(5)(c) of the Child Support (Registration & Collection) Act 1988 (Cth) Legislation: Child Support (Registration & Collection) Act 1988 (Cth) ss 88, 100, 101, 103K, 103N, 103ZA
Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5Cases cited: Lenijamar Pty Ltd v AGC (Advances) Limited (1990) 27 FCR 388 Date of hearing: 6 August 2012 Place: Sydney Division: GENERAL DIVISION Category: Catchwords Number of paragraphs: 58 Counsel for the Appellant: Mr G A Laughton SC Solicitor for the Appellant: Maclarens Lawyers Counsel for the First Respondent: The First Respondent submitted save as to costs Counsel for the Second Respondent: The Second Respondent submitted save as to costs Counsel for the Third Respondent: The Third Respondent submitted save as to costs Counsel for the Fourth Respondent: The Fourth Respondent submitted save as to costs Solicitor for the Fifth Respondent: Mr A Markus of Australian Government Solicitor
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 160 of 2012
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MR MANCHESTER
AppellantAND: JANE MACDONNELL
First RespondentSUE ELLEN BULLOCK
Second RespondentSOCIAL SECURITY APPEALS TRIBUNAL
Third RespondentMS MANCHESTER
Fourth RespondentCOMMONWEALTH OF AUSTRALIA
Fifth Respondent
JUDGE:
GRIFFITHS J
DATE OF ORDER:
10 AUGUST 2012
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.The appeal is dismissed.
Note:Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 160 of 2012
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: MR MANCHESTER
AppellantAND: JANE MACDONNELL
First RespondentSUE ELLEN BULLOCK
Second RespondentSOCIAL SECURITY APPEALS TRIBUNAL
Third RespondentMS MANCHESTER
Fourth RespondentCOMMONWEALTH OF AUSTRALIA
Fifth Respondent
JUDGE:
GRIFFITHS J
DATE:
10 AUGUST 2012
PLACE:
SYDNEY
REASONS FOR JUDGMENT
The appellant appeals against orders made by Halligan FM in proceedings in the Federal Magistrates Court involving a judicial review of two decisions made by members of the Social Security Appeals Tribunal (SSAT). Those decisions are, first, a decision by the Principal Member of the SSAT (the first respondent in the appeal) to remove the appellant as a party to…
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- AGLC
- Manchester v MacDonnell [2012] FCA 841
- Case
- [2012] FCA 841
- Decision Date
CaseChat Overview and Summary
The court found that the Senior Member’s decision to dismiss the appellant’s application for review was not unreasonable, as the appellant had failed to demonstrate any prejudice resulting from the removal decision. Additionally, the court held that the Federal Magistrate did not err in his assessment of the Principal Member’s exercise of discretion. The court also noted that the appellant could still re-apply to the SSAT for a review of the original decision regarding his child support assessments and seek an extension of time under the relevant statute. Therefore, the court dismissed the appeal and made no order for costs.
1. The appeal is dismissed.
Orders
Orders of the court
1. The appeal is dismissed.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
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