Alexakis v Secretary, Department of Education, Employment and Workplace Relations [2009] FCAFC 124

FEDERAL COURT OF AUSTRALIA

Alexakis v Secretary, Department of Education, Employment and Workplace Relations [2009] FCAFC 124 ADMINISTRATIVE LAW – appeal from judge of Federal Court – whether decision of judge final or interlocutory – whether appeal or application for leave to appeal – whether application for leave to appeal filed in time – decision to deal with appeal/application on its merits Administrative Appeals Tribunal Act 1975 (Cth) s 44 Federal Court of Australia Act 1976 (Cth) s 24(1A), s 31A(2) Federal Court Rules O 52 r 10(2A)(b), O 52 r 18 Social Security Act 1991 (Cth) s 17(2)(b) Alexakis v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 1878 affirmed Ebner v Official Trustee in Bankruptcy (2001) 205 CLR 337 referred to Ibarcena v Secretary, Department of Family & Community Services [2003] FCA 1354 referred to Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd and Others (2008) 167 FCR 372 considered Livesey v The New South Wales Bar Association (1983) 151 CLR 288 cited Lloyd Werft Bremerhaven GmbH v Owners of Ship "Zoya Kosmodemyanskaya" (1997) 79 FCR 71 referred to Minister for Immigration and Multicultural Affairs v Jia Legeng (2001) 205 CLR 507 referred to Minogue v Williams (2000) 60 ALD 366 referred to Pham v Secretary, Department of Employment and Workplace Relations [2007] FCA 947 referred to Pham v Secretary, Department of Employment & Workplace Relations [2007] FCAFC 179 referred to R v Watson; Ex parte Armstrong (1976) 136 CLR 248 cited SZAJB v Minister for Immigration and Citizenship and Another (2008) 168 FCR 410 discussed Zoia v Commonwealth Ombudsman Department (2007) 240 ALR 624 referred to THEODOROS ALEXAKIS v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS and SECRETARY, DEPARTMENT OF FAMILIES, HOUSING, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS