Asi v Department of Employment and Workplace Relations

[2008] FCA 437

FEDERAL COURT OF AUSTRALIA

Asi v Department of Employment and Workplace Relations [2008] FCA 437

BEHZAD SHAHBAZI ASI v DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS
NSD 2062 OF 2007

MOORE J
18 MARCH 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2062 OF 2007

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	BEHZAD SHAHBAZI ASI Applicant
AND:	DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS Respondent

JUDGE:	MOORE J
DATE OF ORDER:	18 MARCH 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

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

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 2062 OF 2007

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	BEHZAD SHAHBAZI ASI Applicant
AND:	DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS Respondent

JUDGE:	MOORE J
DATE:	18 MARCH 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter purports to be an appeal on a question of law from a decision of the Administrative Appeals Tribunal.  On 18 March 2008, I made an order dismissing this application.  These are my reasons for doing so.  When the matter was last before the Court on 29 November 2007, I listed the matter for directions at 9.30am on 18 March 2008.  The applicant did not appear at 9.30 am on 18 March 2008 for the directions hearing, although he did appear after I made an order dismissing the application and the solicitor for the respondent had left the Court.

2. The applicant was required to file an amended notice of appeal raising a question of law.  A document purporting to be a notice of appeal was filed on 18 February 2008.  It does not, in terms, identify any question of law and appears to be an invitation to this Court to re-determine the question of whether the applicant was entitled to the allowance to which the applicant says he was entitled.  The applicant either does not appreciate the limited nature of the hearing in this Court or does, but has failed to identify any error or question of law. 

3. The respondent submitted that, in the circumstances, I should dismiss the application having regard to the applicant's non-appearance.  I dismissed the application on this basis.  The applicant can apply to the Court to have that order set aside.  However, were he to do so, it would be necessary to persuade the Court that there is some point of substance sought to be agitated in such an application.

4. I order that the application be dismissed.

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:        3 April 2008

The applicant did not appear.
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	18 March 2008
Date of Judgment:	18 March 2008
Date of Publication of Reasons for Judgment:	3 April 2008