Kristoffersen v Department of Employment, Workplace Relations & Small Business [2002] FCAFC 269

FEDERAL COURT OF AUSTRALIA

Kristoffersen v Department of Employment, Workplace Relations & Small Business [2002] FCAFC 269

PRACTICE AND PROCEDURE – leave to appeal – objection to competency – application for leave to appeal decision of single judge to refuse an extension of time within which to appeal – decision of single judge made in the Court's appellate jurisdiction – applicant under s 25(2)(b) the Federal Court of Australia Act 1976 (Cth) can request but cannot determine whether the application is heard by a single judge or by the Full Court

Federal Court of Australia Act 1976 (Cth) s 25(2)(b)

Thomas Borthwick & Sons (Pacific Holdings) Ltd v Trade Practices Commission (1988) 18 FCR 424 cited Wati v Minister for Immigration and Multicultural Affairs (1997) 78 FCR 543 applied KURT MICHAEL KRISTOFFERSEN v DEPARTMENT OF EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS Q 40 OF 2002

DRUMMOND, COOPER AND DOWSETT JJ 26 AUGUST 2002 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 40 OF 2002

BETWEEN: KURT MICHAEL KRISTOFFERSEN

APPLICANT

AND: DEPARTMENT OF EMPLOYMENT, WORKPLACE RELATIONS AND SMALL BUSINESS

RESPONDENT

JUDGES: DRUMMOND, COOPER AND DOWSETT JJ

DATE OF ORDER: 26 AUGUST 2002

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application for leave to appeal the judgment of Spender J of 14 June 2002 be dismissed as incompetent.

2. The applicant pay the respondent's costs of and incidental to the objection and to the originating application, save to the extent those costs incurred by the respondent in respect of legal representation resident in Canberra.

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 Q 40 OF 2002