Singh v Secretary, Department of Employment & Workplace Relations

[2007] FCAFC 174

Full Court of the Federal Court

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Interrogate

Catchwords

1. Administrative Law
2. › Review of administrative decisions
3. › Administrative Appeals Tribunal
4. › Frivolous and vexatious applications
5. › Dismissal under s 42B(1) of Administrative Appeals Tribunal Act 1975 (Cth)
6. › Whether application had purpose of annoying and irritating
7. › Whether appeal mechanisms exhausted
1. Administrative Law
2. › Review of administrative decisions
3. › Abuse of process
4. › Anshun estoppel
5. › Application to judicial review of administrative action
6. › Whether grounds could and should have been raised in earlier proceedings
7. › Whether fraud allegation precluded by failure to raise in 2002

Quick Take

The Anshun principle applies to preclude parties from raising grounds in administrative review proceedings that could and should have been raised in earlier proceedings, including allegations of fraud discovered through failure to read earlier tribunal reasons. A party's failure to read reasons for decision, whether through negligence, inadvertence or accident, constitutes the kind of omission contemplated by the Anshun principle. The Tribunal's obligation under s 42B(1) is to determine whether the application before it is itself frivolous or vexatious, not merely whether there is a long history of litigation.