Ford, P.G. v Dept. of Social Security [1988] FCA 312

0. 22

"UDGMENT N

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION

QLD G3 of 1988

—~

ON APPEAL FROM THE GENERAL DIVISION OF THE ADMINISTRATIVE APPEALS

TRIBUNAL BETWEEN: PAUL GRAHAM FORD Applicant AND: DEPARTMENT OF SOCIAL SECURITY Respondent MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J.

DATE OF ORDER: 30 MAY 1988

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

NOTE:

1.

the appeal be struck out.

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 GENERAL DIVISION

QLD G3 of 1988

—~—~

ON APPEAL FROM THE GENERAL DIVISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: PAUL GRAHAM FORD Applicant AND: DEPARTMENT OF SOCIAL SECURITY

Respondent

PINCUS J. 30 MAY 1988

EX TEMPORE REASONS FOR JUDGMENT

In this matter, a notice of appeal was filed on 6 May 1988. It set out the questions of law to be raised on the appeal

as follows:

"The Administrative Tribunal never followed the rules of natural justice; failed to take into account relevant facts or considerations; took into account irrelevant matters; showed untenable conclusions and reached a decision not supported by any evidence."

There is then reference to authority, and the questions of law go

on:

"also Social Security did the statement completely different."

At the directions hearing the respondent took the objection that the notice of appeal did not disclose any question of law, and I, agreeing with that, determined to give the appellant another opportunity to file a notice of appeal setting out the question of law which would found the Court's jurisdiction. The notice of

appeal which was then filed contained the following passage:

"The Questions of Law raised on the appeal are: (1) Social Security did two different statements (2) Social Security said that I have a long