Recent Cases

Kumar v Secretary, Department of Social Services [2022] FCAFC 95 (01 June 2022) (Perry, SC Derrington and Stewart JJ)


Catchwords:


ADMINISTRATIVE LAW – appeal against decision to dismiss an appeal under the Administrative Appeals Tribunal Act 1975 (Cth) – appeal against decision to dismiss an application under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether the primary judge erred in not finding a denial of natural justice – whether the primary judge misconstrued the eligibility criteria prescribed in s 94(1) of the Social Security Act 1991 (Cth) – whether the primary judge erred in finding that the Administrative Appeals Tribunal’s decision did not challenge a decision of the Compensation Court of New South Wales – whether the primary judge erred in finding that the Tribunal’s decision did not vitiate a decision of the Workers Compensation Commission of New South Wales – whether the primary judge erred in not considering that Mr Kumar was entitled to compensatory damages due to the Secretary’s misfeasance in public office