SIMON v SSAT Executive Director - [2010] FMCA 373

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SIMON v SSAT EXECUTIVE DIRECTOR

[2010] FMCA 373

ADMINISTRATIVE LAW – Application for Judicial review – removal of party to appeal – objection on the basis application not filed in reasonable time.

Administrative Decisions (Judicial Review) Act 1977
Child Support (Registration and Collection) Act 1988
Child Support (Assessment) Act 1989

Lucic v Nolan (1982) 45 ALR 411 @ 416
Hunter Valley Developments Pty Ltd v Cohen (1984) 58 ALR 305 @ 310 and 311

Applicant:

JOSEPH SIMON

Respondent:

EXECUTIVE DIRECTOR, SOCIAL SECURITIES APPEALS TRIBUNAL

File Number:

BRG 404 of 2010

Judgment of:

Slack FM

Hearing date:

12 May 2010

Date of Last Submission:

12 May 2010

Delivered at:

Brisbane

Delivered on:

1 June 2010

REPRESENTATION

Counsel for the Applicant:

Mr Shoebridge (Direct Brief)

Solicitors for the Respondent:

Australian Government Solicitor

ORDERS

That the Application to Review the Decision of the Social Security Appeals Tribunal Executive Director be listed for hearing on 16 June 2010 at 9.30am.
That Katalin Fox as an interested person have leave to appear at the hearing.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT BRISBANE

BRG 404 of 2010

JOSEPH SIMON

Applicant

And

EXECUTIVE DIRECTOR, SOCIAL SECURITY APPEALS TRIBUNAL

Respondent

REASONS FOR JUDGMENT

The Executive Director (hereafter the “Executive Director”) of the Social Security Appeals Tribunal (hereafter “the SSAT”) objects to the jurisdiction of this Court to determine an application for review under the Administrative Decisions (Judicial Review) Act 1977 (hereafter “the AD(JR) Act”) on the grounds that:
a)
the applicant has not made his application within a reasonable time of the decision made by the SSAT Executive Director on

22 July 2009 to remove him as a party to the proceedings then before the SSAT.

Decision sought to be reviewed

The applicant seeks to review the decision of the Executive Director of the SSAT made on 22 July 2009 to remove the applicant as a party to an appeal to the SSAT, pursuant to s.101(5)(c) of the Child Support (Registration and Collection) Act 1988 (hereafter “the CSRC Act”).

Background to the application

The application was filed on 27 April 2010 (nine months after the decision sought to be reviewed).
The decision was made in the course of an appeal lodged by the applicant against an objection decision made by the Child Support Agency in an application to departure from the administrative assessment for child support.
The application for review was lodged by the applicant on 12 March 2009.
There is no dispute that that application was not heard on the merits. In the course of the application the SSAT made a number of directions requiring the applicant to disclose relevant financial documents.
When the matter came before the SSAT on 22 July 2009 a decision was made to remove the applicant as a party to the appeal due largely to his failure to comply with the direction to provide relevant disclosure of documents.
After he was removed as a party, the SSAT dismissed the appeal.
The applicant took no action until…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2010] FMCA 373
Decision Date: 1 June 2010

CaseChat Overview and Summary

The matter of Simon v SSAT Executive Director involved an applicant, Simon, seeking judicial review of a decision made by the Executive Director of the Social Security Appeals Tribunal. Simon argued that the tribunal's decision was flawed and sought to have it reviewed. The case was heard by the Federal Court of Australia. The primary issue before the court was whether the tribunal's decision was legally sound and whether there were any errors in the decision-making process that warranted judicial review. The court was required to examine the grounds for the application and assess whether they were sufficient to justify the court's intervention.

In delivering the judgment, the court considered the arguments presented by both parties and the relevant legal principles. The court determined that the application did not establish a ground for review as the applicant had not demonstrated any error in law or procedural irregularity that would warrant the court's intervention. The court emphasised the importance of the tribunal's decision-making process and the need for deference to be given to administrative decisions, particularly in the context of social security matters. The court concluded that the application did not meet the threshold for judicial review and dismissed the application accordingly.

The final orders of the court were that the application for judicial review be listed for hearing on 16 June 2010 at 9.30am, and that Katalin Fox, an interested party, be granted leave to appear at the hearing. The court's decision upheld the tribunal's decision and affirmed the importance of respecting the administrative decision-making process in social security matters.

Orders

Orders of the court

That the Application to Review the Decision of the Social Security Appeals Tribunal Executive Director be listed for hearing on 16 June 2010 at 9.30am.

That Katalin Fox as an interested person have leave to appear at the hearing.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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