FEDERAL COURT OF AUSTRALIA

Zoia v Secretary, Department of Family & Community Services

[2004] FCA 863

PRACTICE AND PROCEDURE -  unrepresented litigant – no appearance at directions hearing – unintelligible notice of appeal from Administrative Appeals Tribunal – notice struck out – appeal dismissed instanter on Court’s own motion

ANGELO ZOIA v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

W119 OF 2004

FRENCH J

29 JUNE 2004

PERTH

On Appeal from the Administrative Appeals Tribunal

THE COURT ORDERS THAT:

1.         The notice of appeal be struck out.

2.         The appeal be dismissed.

3.         The applicant pay the respondent’s costs of the appeal.

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

On Appeal from the Administrative Appeals Tribunal

REASONS FOR JUDGMENT

1                     This appeal is said to be brought against a decision of Deputy President Hotop of the Administrative Appeals Tribunal (‘AAT’) given on 28 May 2004 at Perth.  On the Notice of Appeal the decision is characterised simply by the words ‘NON DECISION’.  Under the heading ‘THE QUESTIONS OF LAW raised on the appeal..’ the following appears:

‘THE CONSTITUTION OF THE COMMONWEALTH OF AUSTRALIA.

RULE 61 – CONSTITUTION.

RULE 71 – CONSTITUTION.

RULE 76 – CONSTITUTION.

RULE 51 – CONSTITUTION – SUBJECT TO THIS CONSTITUTION.

NATURAL JUSTICE – I MUST BE GIVEN A PROPER OPPORTUNITY TO PRESENT MY CASE.

POWER OF ATTORNEY – LETTER.

THE LAW REQUIRE FACT.

NO – PERSON IS ABOVE THE LAW.

QUESTION ON JURISDICTION.’

2                     Under the heading ‘ORDERS SOUGHT’ the following appears:

‘COMPENSATION.

FACTS OF THE MATTERS.

SUBPOENA.

STAY OF PROCEEDING – UNTIL LEGAL ASSISTANCE IS PROVIDED.

NATURE JUSTICE – I MUST BE GIVEN A PROPER OPPORTUNITY TO PRESENT MY CASE.’

3                     Under the heading ‘GROUNDS’ the following appears:

‘MISCARRIAGE OF JUSTICE.

FACTS OF THE MATTERS FROM CENTRELINK.

EVIDENCE WENT MISSING.

INCORRECT FACTS.

SUBPOENA

MY COMPLAINT TO THE COMMONWEALTH OMBUDSMAN, SUBPOENA – EVIDENCE.’

4                     The Notice of Appeal is addressed to the respondent at Parliament House, Canberra.  A directions date and time of 9am on Tuesday, 29 June 2004 was endorsed on the application by the Registrar.  A notice of appearance by the Secretary of the Department of Family and Community Services was filed on 23 June 2004.

5                     The matter has come on for directions today.  The respondent has appeared, represented by Mr Carey.  There is however no appearance for the applicant.  On the face of the notice of appeal there is no intelligible appeal or matter put before the Court.  In my opinion the notice of appeal should be struck out without any further delay and the application dismissed.  The time of the Court and of the respondent is not to be taken up by responding to matters which do not contain any intelligible basis upon which the dispute or matter in question can be identified.

Associate:

Dated:              2 July 2004