FEDERAL COURT OF AUSTRALIA
Spehar v Administrative Appeals Tribunal [2005] FCA 556
DINKO SPEHAR v ADMINISTRATIVE APPEALS TRIBUNAL and SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
QUD 100 OF 2005
DOWSETT J
22 APRIL 2005
BRISBANE
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
QUD 100 OF 2005 |
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION
OF THE ADMINISTRATIVE APPEALS TRIBUNAL
CONSTITUTED BY MS M J CARSTAIRS, MEMBER
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BETWEEN: |
DINKO SPEHAR APPLICANT
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AND: |
ADMINISTRATIVE APPEALS TRIBUNAL FIRST RESPONDENT
SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES SECOND RESPONDENT
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DOWSETT J |
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DATE OF ORDER: |
22 APRIL 2005 |
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WHERE MADE: |
BRISBANE |
THE COURT ORDERS THAT:
1. The matter be remitted to the Federal Magistrates Court at Brisbane.
2. The applicant have leave to file and serve an amended notice of appeal on or before 6 May 2005.
3. Costs be reserved.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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IN THE FEDERAL COURT OF AUSTRALIA |
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QUEENSLAND DISTRICT REGISTRY |
QUD 100 OF 2005 |
ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION
OF THE ADMINISTRATIVE APPEALS TRIBUNAL
CONSTITUTED BY MS M J CARSTAIRS, MEMBER
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BETWEEN: |
DINKO SPEHAR APPLICANT
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AND: |
ADMINISTRATIVE APPEALS TRIBUNAL FIRST RESPONDENT
SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES SECOND RESPONDENT
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JUDGE: |
DOWSETT J |
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DATE: |
22 APRIL 2005 |
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PLACE: |
BRISBANE |
REASONS FOR JUDGMENT
1 The matter is within the jurisdiction of the Federal Magistrates Court. The applicant objects to remitter because his health was previously considered by a magistrate in connection with proceedings between him and his wife. That is not a basis for declining to remit this matter. I therefore order that the matter be remitted to the Federal Magistrates Court at Brisbane. I also order that the applicant have leave to file and serve an amended notice of appeal on or before 6 May 2005 and that costs be reserved.
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I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. |
Associate:
Dated: 5 May 2005
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Counsel for the Applicant: |
The Applicant appeared in person. |
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Solicitor for the Respondent: |
Australian Government Solicitor |
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Date of Hearing: |
22 April 2005 |
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Date of Judgment: |
22 April 2005 |
