Ogawa v Carter (Delegate of Finance Minister) [2021] FCAFC 16 (24 February 2021) (Logan, Katzmann and Jackson JJ)


Catchwords:


ADMINISTRATIVE LAW – appeal from decision of Federal Court of Australia dismissing the appellant’s application for judicial review – where Minister entered into payment plan with appellant – whether decision-maker had authority to make the decision – where delegation made under the Public Governance, Performance and Accountability Act 2013 (Cth) – whether decision-maker failed to take into account a relevant consideration – whether decision was legally unreasonable – where matter is subject to inexcusable delay – appeal dismissed

PRACTICE AND PROCEDURE – onus of proof – where appellant to prove occurrence of alleged jurisdictional error – where appellant could have delivered notice to admit under r 22.01 of Federal Court Rules 2011 (Cth) – where appellant did not discharge onus of proof