Zoia v Administrative Appeals Tribunal

FEDERAL COURT OF AUSTRALIA
Zoia v Administrative Appeals Tribunal [2003] FCA 303

ANGELO ZOIA v ADMINISTRATIVE APPEALS TRIBUNAL
W325 of 2002

CARR J
1 APRIL 2003
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W325 OF 2002

BETWEEN:	ANGELO ZOIA Applicant
AND:	ADMINISTRATIVE APPEALS TRIBUNAL Respondent
JUDGE:	CARR J
DATE OF ORDER:	1 APRIL 2003
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.        The application be dismissed pursuant to Order 20 rule 2 of the Federal Court Rules.

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

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W325 OF 2002

BETWEEN:	ANGELO ZOIA Applicant
AND:	ADMINISTRATIVE APPEALS TRIBUNAL Respondent

JUDGE:	CARR J
DATE:	1 APRIL 2003
PLACE:	PERTH

EX TEMPORE REASONS FOR JUDGMENT

INTRODUCTION

1. The Court is considering, of its own motion, whether this application should be stayed or dismissed generally under Order 20 rule 2 of the Federal Court Rules on the ground or grounds that no reasonable cause of action is disclosed or that the application is frivolous or vexatious, or is an abuse of the process of the Court.

   FACTUAL AND PROCEDURAL BACKGROUND

2. On 8 November 2002, the applicant filed a document which was a printed form headed “Notice of Appeal”.  In paragraph 1 of that document the applicant states that he appeals from the decision of the Administrative Appeals Tribunal given on 18 October 2002 whereby the Tribunal decided “Dismissed without Tribunal hearing”. 

3. Paragraph 2 of that document reads as follows:

   “THE QUESTIONS OF LAW raised on the appeal are
   Freedom of Information.
   Jurisdiction of Judicial Power.”

4. In paragraph 3 under the heading “Orders Sought” there appears:

   “JUSTICE.
   Stay of proceeding, my rights to legal representative.”

5. Under the heading “Grounds” in paragraph 4 of the document there appears the following:

   “The Constitution.
   The High Court ruled that ‘the Parliament has no power to entrust the exercise of judicial power to any other hands’.
   They are saying that it is administration law, that is section 51 of the Constitution.”

6. I note at this point that although the proceeding is referred to as an appeal, it is an application in the original jurisdiction of this court and, in my view, is a matter in respect of which the powers conferred under Order 20 rule 2 of the Federal Court Rules may be exercised.

7. On 23 December 2002, the Australian Government Solicitor filed a notice of appearance on behalf of the Administrative Appeals Tribunal.  When the application first came on for directions, on 7 February 2002 the applicant did not appear.  Mr T J Carey appeared as counsel for the respondent and confirmed that the respondent’s position was that its appearance was a submitting appearance.  I made the following directions:

   “1.Applicant to file and serve on the respondent any affidavit upon which he intends to rely within 28 days.

   2.The Court is considering whether to strike this application out as either disclosing no reasonable cause…