Recent Cases

Paschke v Secretary, Department of Social Services [2023] FCAFC 143 (24 August 2023) (Anderson, McEvoy and Hespe JJ)


REPRESENTATIVE PROCEEDINGS – application for extension of time and leave to appeal decision of single judge dismissing representative proceedings brought under Part IVA of Federal Court of Australia Act 1976 (Cth) – whether decision was interlocutory in character – where the representative applicant is unrepresented – where applicant disputes the manner in which the Department of Social Services determines assessable curtilage – whether requirements in Part IVA of the Federal Court of Australia Act 1976 (Cth) satisfied – whether Ombudsman is entitled to rely upon s 33 of the Ombudsman Act 1976 (Cth) as a complete defence to claim – application dismissed with costs