Walsh, Mark v Department of Employment, Education, Training & Youth Affairs [1998] FCA 351

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW - 'appeal' from Administrative Appeals Tribunal - decision affirming determination cancelling New Start Allowance - findings of non-compliance with Case Management Activity Agreement - conceded failure of Tribunal to take into account medical certificate - whether question of law raised - whether Tribunal failed to take into account a relevant consideration

Administrative Appeals Tribunal Act 1975 (Cth), s 44(1) Employment Services Act 1994 (Cth), ss 45(5), 45(6)

Creednz Inc v Governor-General [1981] 1 NZLR 172, approved Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24, approved Sean Investments Pty Ltd v MacKellar (1981) 38 ALR 363, approved Secretary, Department of Employment, Education and Youth Affairs v Ferguson (1997) 147 ALR 295, referred to Waterford v Commonwealth (1987) 163 CLR 54, followed

MARK WALSH v DEPARTMENT OF EMPLOYMENT, EDUCATION, TRAINING AND YOUTH AFFAIRS WAG 110 of 1997 R D NICHOLSON J PERTH 9 APRIL 1998

general distribution IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY wag 110 of 1997

BETWEEN: MARK WALSH

Applicant

AND: DEPARTMENT OF EMPLOYMENT, EDUCATION, training AND YOUTH AFFAIRS

Respondent

JUDGE: r d nicholson j

DATE OF ORDER: 9 APRIL 1998

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The respondent's motion be allowed. 2. The "appeal" be dismissed. 3. Costs reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

general distribution IN THE FEDERAL COURT OF AUSTRALIA

DISTRICT REGISTRY wag 110 of 1997

BETWEEN: MARK WALSH

Applicant

AND: DEPARTMENT OF EMPLOYMENT, EDUCATION, training AND YOUTH AFFAIRS

Respondent

JUDGE: R D NICHOLSON j

DATE: 9 APRIL 1998