Zoia v Secretary, Department of Family and Community Services

[2004] FCA 863

FEDERAL COURT OF AUSTRALIA

Zoia v Secretary, Department of Family & Community Services
[2004] FCA 863

PRACTICE AND PROCEDURE -  unrepresented litigant – no appearance at directions hearing – unintelligible notice of appeal from Administrative Appeals Tribunal – notice struck out – appeal dismissed instanter on Court’s own motion

ANGELO ZOIA v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
W119 OF 2004

FRENCH J
29 JUNE 2004
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	W119 OF 2004

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	ANGELO ZOIA APPLICANT
AND:	SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES RESPONDENT
JUDGE:	FRENCH J
DATE OF ORDER:	29 JUNE 2004
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.        The notice of appeal be struck out.

2.        The appeal be dismissed.

3.        The applicant pay the respondent’s costs of the appeal.

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	W119 OF 2004

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN:	ANGELO ZOIA APPLICANT
AND:	SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES RESPONDENT

JUDGE:	FRENCH J
DATE:	29 JUNE 2004
PLACE:	PERTH

REASONS FOR JUDGMENT

1. This appeal is said to be brought against a decision of Deputy President Hotop of the Administrative Appeals Tribunal (‘AAT’) given on 28 May 2004 at Perth.  On the Notice of Appeal the decision is characterised simply by the words ‘NON DECISION’.  Under the heading ‘THE QUESTIONS OF LAW raised on the appeal..’ the following appears:

   ‘THE CONSTITUTION OF THE COMMONWEALTH OF AUSTRALIA.
   RULE 61 – CONSTITUTION.
   RULE 71 – CONSTITUTION.
   RULE 76 – CONSTITUTION.
   RULE 51 – CONSTITUTION – SUBJECT TO THIS CONSTITUTION.
   NATURAL JUSTICE – I MUST BE GIVEN A PROPER OPPORTUNITY TO PRESENT MY CASE.
   POWER OF ATTORNEY – LETTER.
   THE LAW REQUIRE FACT.
   NO – PERSON IS ABOVE THE LAW.
   QUESTION ON JURISDICTION.’

2. Under the heading ‘ORDERS SOUGHT’ the following appears:

   ‘COMPENSATION.
   FACTS OF THE MATTERS.
   SUBPOENA.
   STAY OF PROCEEDING – UNTIL LEGAL ASSISTANCE IS PROVIDED.
   NATURE JUSTICE – I MUST BE GIVEN A PROPER OPPORTUNITY TO PRESENT MY CASE.’

3. Under the heading ‘GROUNDS’ the following appears:

   ‘MISCARRIAGE OF JUSTICE.
   FACTS OF THE MATTERS FROM CENTRELINK.
   EVIDENCE WENT MISSING.
   INCORRECT FACTS.
   SUBPOENA
   MY COMPLAINT TO THE COMMONWEALTH OMBUDSMAN, SUBPOENA – EVIDENCE.’

4. The Notice of Appeal is addressed to the respondent at Parliament House, Canberra.  A directions date and time of 9am on Tuesday, 29 June 2004 was endorsed on the application by the Registrar.  A notice of appearance by the Secretary of the Department of Family and Community Services was filed on 23 June 2004.

5. The matter has come on for directions today.  The respondent has appeared, represented by Mr Carey.  There is however no appearance for the applicant.  On the face of the notice of appeal there is no intelligible appeal or matter put before the Court.  In my opinion the notice of appeal should be struck out without any further delay and the application dismissed.  The time of the Court and of the respondent is not to be taken up by responding to matters which do not contain any intelligible basis upon which the dispute or matter in question can be identified.

I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice French.

Associate:
Dated:             2 July 2004

No appearance for the Applicant.
Counsel for the Respondent:	Mr T Carey
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	29 June 2004
Date of Judgment:	29 June 2004