Parrett v Secretary, Department of Family and Community Services

[2002] FCA 950

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N945 of 2002

BETWEEN:

JAMES PARRETT
APPLICANT

AND:

SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

RESPONDENT

JUDGE:	MADGWICK J
DATE OF ORDER:	12 JULY 2002
WHERE MADE:	SYDNEY

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.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N945 of 2002

BETWEEN:

JAMES PARRETT
APPLICANT

AND:

SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

RESPONDENT

JUDGE:	MADGWICK J
DATE:	12 JULY 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT
(revised from transcript)

HIS HONOUR:

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.

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

Counsel for the Applicant:	Mr A Anforth
Solicitor for the Applicant:	Welfare Rights & Legal Centre
Counsel for the Respondent:	Ms R M Henderson
Solicitor for the Respondent:	Minter Ellison
Date of Hearing:	12 July 2002
Date of Judgment:	12 July 2002