Suzor v Secretary, Department of Family & Community Services [2005] FCAFC 103

FEDERAL COURT OF AUSTRALIA

Suzor v Secretary, Department of Family & Community Services [2005] FCAFC 103 GREGORY JOHN SUZOR v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES QUD 227 OF 2004 SPENDER, DOWSETT and HELY JJ 20 MAY 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 227 OF 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: GREGORY JOHN SUZOR

APPELLANT

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

RESPONDENT

JUDGES: SPENDER, DOWSETT and HELY JJ

DATE OF ORDER: 20 MAY 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the appeal. 3. The notice of motion filed 30 November 2004 also be dismissed. 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 227 OF 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: GREGORY JOHN SUZOR

APPELLANT

AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

RESPONDENT

JUDGES: SPENDER, DOWSETT and HELY JJ

DATE: 20 MAY 2005

PLACE: BRISBANE

REASONS FOR JUDGMENT

THE COURT

SPENDER j: 1 As earlier expressed, the Court has had the benefit of very extensive written submissions by the parties to this appeal, and has considered those submissions, as well as hearing from the parties today. The Court is of the unanimous view that the appeal must be dismissed. I will ask Justice Dowsett to give the reasons of the court. 2 The motion is also dismissed. The order of the Court is that the appeal be dismissed with costs and the notice of motion filed by the respondent is unnecessary to answer in the light of the circumstances. The stay motion is dismissed.