Celentano v Secretary, Department of Family and Community Services

Federal Court of Australia|2005-09-13|Before: Gyles J

Celentano v Secretary, Department of Family and Community Services [2005] FCA 1302

ADMINISTRATIVE LAW - Judicial review - stay of decisions in question pending hearing granted Administrative Decisions (Judicial Review) Act 1977 (Cth), s 15(1)

DONATO CELENTANO v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES, EFFIE KOULOURIS AND IAN HOOD

THE COURT ORDERS THAT:

Pursuant to s 15(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) the decisions of the delegates of the first respondent dated 13 and 23 September 2004 to cancel the applicant's age pension be stayed pending the outcome of the appeal.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

REASONS FOR JUDGMENT 1 This is a motion pursuant to s 15(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) (the Act) that the decisions of the delegates of the first respondent dated 13 and 23 September 2004 to cancel the applicant's age pension be stayed pending the outcome of the appeal. 2 I am satisfied that there is an arguable case for relief pursuant to the Act. There is jurisdiction to grant a stay. The competing considerations have been discussed in the course of argument. In my opinion, in the present case the balance lies in maintaining the pension payments pending the disposal of the proceeding. It is relevant, I think, to take into account hardship, although I do appreciate the strength of the argument put by the first respondent that, effectively, the order entrenches what it says are payments which should not be being made and which would need to be recovered. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Gyles.

Solicitor for the Applicant: Welfare Rights Centre

Solicitor for the Respondents: D Watson of Australian Government Solicitor

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