Spehar v Administrative Appeals Tribunal

[2005] FCA 556

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

IN THE FEDERAL COURT OF AUSTRALIA
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

BETWEEN:

DINKO SPEHAR
APPLICANT

AND:

ADMINISTRATIVE APPEALS TRIBUNAL
FIRST RESPONDENT

SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
SECOND RESPONDENT

JUDGE:

DOWSETT J

DATE OF ORDER:

22 APRIL 2005

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.

IN THE FEDERAL COURT OF AUSTRALIA
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

BETWEEN:

DINKO SPEHAR
APPLICANT

AND:

ADMINISTRATIVE APPEALS TRIBUNAL
FIRST RESPONDENT

SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
SECOND RESPONDENT

JUDGE:	DOWSETT J
DATE:	22 APRIL 2005
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.

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

Counsel for the Applicant:	The Applicant appeared in person.
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	22 April 2005
Date of Judgment:	22 April 2005