Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tydeman v Deputy Registrar of Child Support Agency
[1999] FCA 88
ADMINISTRATIVE LAW - application for order of review - whether conduct engaged in by delegate of Child Support Registrar for purpose of making determination under Pt 6A of Child Support (Assessment) Act 1989 (Cth) reviewable under Administrative Decisions (Judicial Review) Act 1977 (Cth) - whether distinction between "determination" and "decision" in Pt 6A Child Support (Assessment) Act - whether conduct engaged in for purpose of making reviewable decision reviewable after decision made. Administrative Decisions (Judicial Review) Act 1977 (Cth) - s 6(1), Sch 1(s) Child Support (Assessment) Act 1989 (Cth) - Pt 6A Minister for Immigration and Multicultural Affairs v Ozmanian (1996) 71 FCR 1, considered CATHERINE ALEXIS TYDEMAN v DEPUTY REGISTRAR OF CHILD SUPPORT AGENCY NG 942 of 1998
KATZ J 12 FEBRUARY 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 942 OF 1998
BETWEEN: CATHERINE ALEXIS TYDEMAN
Applicant
AND: DEPUTY REGISTRAR OF CHILD SUPPORT AGENCY
Respondent
JUDGE: KATZ J
DATE OF ORDER: 12 FEBRUARY 1999
WHERE MADE: SYDNEY
MINUTES OF ORDER
THE COURT ORDERS THAT: 1. The application be dismissed as incompetent. 2. The applicant pay the respondent's costs of the proceeding. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 942 of 1998
BETWEEN: CATHERINE ALEXIS TYDEMAN
Applicant
AND: DEPUTY REGISTRAR OF CHILD SUPPORT AGENCY
Respondent
JUDGE: KATZ J
DATE: 12 FEBRUARY 1999
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 By an amended application filed 23 October 1998, Ms Catherine Alexis Tydeman applied to this Court under the Administrative Decisions (Judicial Review) Act 1977 (Cth) ("the JRA") for an order of review. Her application was made in reliance upon subs 6(1) of the JRA. That subsection provides relevantly that where a person has engaged in conduct for the purpose of making a decision to which the JRAapplies, a person who is aggrieved by the conduct may apply to the Court for an order of review in respect of the conduct on any one or more of a number of listed grounds. In her amended application, Ms Tydeman nominated a number of such grounds upon which she sought an order of review in respect of certain conduct engaged in for the purpose of making a decision which I will identify more precisely below.
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