Oxgrove and Principal Member Social Security Appeals Tribunal and Anor

This matter concerned an application for judicial review before Judge Scarlett of the Federal Circuit Court of Australia. The applicant, Oxgrove, sought to challenge a Direction to Produce Documents issued by the First Respondent under section 103K of the *Child Support (Registration and Collection) Act 1988*. The Principal Member of the Social Security Appeals Tribunal was substituted as the Second Respondent.

The primary legal issue before the Court was whether the applicant had established grounds for a stay of the Direction to Produce Documents pending the determination of an application for judicial review. The Court was also required to consider the procedural steps necessary for the applicant to formally commence that judicial review application.

Judge Scarlett ordered that the Social Security Appeals Tribunal be removed as a party and replaced by the Principal Member Social Security Appeals Tribunal. Crucially, the Court granted a stay of the operation of the Direction to Produce Documents pending further order. The applicant was directed to file and serve an application for judicial review of the decision to issue the Direction by 3 July 2015, with the matter to be returnable on 7 July 2015. The applicant and the Second Respondent were also ordered to file and serve written submissions by 3 July 2015. The application was adjourned for hearing on 7 July 2015.