Bird, G.J. v. Volker, D. & Ors [1994] FCA 980

APPLICATION TO DISMISS - no reasonable basis for application

JUDICIAL REVIEW - Austudy - no decision required to be made

Student Assistance Act

Austudy Regulations Federal Court Act s 33C j Vv j eview Judiciary Act s 39B Federal Court Rules O 20 r 2, O 5416 v yon a i unreported

decision of Davies J, 25 July 1994 Refd Australian National University v Burns (1982) 43 ALR 25 Refd

Emmanuele v Cahill (1987) 71 ALR 302 Refd

Pearce v Button (1985) 60 ALR 537 Refd RECEIVED

15 DEC 1994 FEDERAL COURT OF AUSTRALIA e itd v Volke: e le Si Tean and oura' Ross Free

No QG132 of 1994

Kiefel J. Brisbane, 14 December 1994

IN THE FEDERAL COURT OF AUSTRALIA No.QG 132 of 1994

. IV BETWEEN: GEOFFREY JAMES BIRD Applicant AND: DEREK VOLKER. SECRETARY AND CHIEF EXECUTIVE OF THE DEPARTMENT OF EMPLOYMENT EDUCATION AND TRAINING First Respondent AND: THE HONOURABLE SIMON __CREAN, MINISTER FOR EMPLOYMENT EDUCATION AND TRAINING Second Respondent AND: THE HONOURABLE ROSS FREE, MINISTER FOR SCHOOLS VOCATIONAL EDUCATION AND TRAINING Third Respondent JUDGE MAKING ORDER: Kiefel J. DATE OF ORDER: 14 December 1994 WHERE MADE: Brisbane MINUTES OF ORDERS THE COURT ORDERS THAT: 1 The applicant's application be dismissed. 2. The applicant pay the respondents' costs of and incidental to the proceedings to be taxed. NOTE: Settlement and entry of orders 1s dealt with in Order 36 of the Federal

Court Rules

GENERAL DIVISION BETWEEN GEOFFREY JAMES BIRD Applicant AND: DEREK VOLKER. SECRETARY TO THE DEPARTMENT OF EMPLOYMENT EDUCATION AND TRAINING First Respondent AND: THE HONOURABLE SIMON CREAN, MINISTER FOR EMPLOYMENT EDUCATION AND TRAINING Second Respondent AND: THE HONOURABLE ROSS FREE, MINISTER FOR SCHOOLS VOCATIONAL EDUCATION AND TRAINING Third Respondent

CORAM: _sKiefel J. DATE: 14 December 1994 PLACE: Brisbane

REASONS FOR JUDGMENT