Lui v Secretary, Department of Education, Employment and Workplace Relations

[2008] FCA 1456

FEDERAL COURT OF AUSTRALIA

Lui v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 1456

VILI LUI v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
NSD 1226 OF 2008

MOORE  J
21 AUGUST 2008
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1226 OF 2008

BETWEEN:	VILI LUI Applicant
AND:	SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS Respondent

JUDGE:	MOORE  J
DATE OF ORDER:	21 AUGUST 2008
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.The applicant is to pay the respondent's costs of the application.

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 1226 OF 2008

BETWEEN:	VILI LUI Applicant
AND:	SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS Respondent

JUDGE:	MOORE  J
DATE:	21 AUGUST 2008
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is what purports to be an appeal under section 44 of the Administrative Appeals Tribunal Act1975 (Cth) appealing against a decision of the Administrative Appeals Tribunal. Such an appeal is on a question of law only. The notice of appeal was filed on 6 August 2008. It was given a return date of 21 August 2008 at 9.30am. The matter has been listed in my list at that time and date this morning. There has been no appearance for the applicant. The matter has been called. There continues to be no appearance for the applicant. I have been asked by the respondent to dismiss the application and to do so on two bases.

2. Firstly, the non-appearance of the applicant and secondly, that on its face, the notice of appeal raises no question of law. I agree with the submission that on its face, the notice of appeal raises no question of law and in those circumstances, and having regard to the non-appearance of the applicant, I propose to dismiss the application. I order the application be dismissed firstly and secondly, the applicant pay the respondent's costs of the application.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Moore.

Associate:

Dated:        24 September 2008

The Applicant did not appear
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	21 August 2008
Date of Judgment:	21 August 2008