Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Autistic Association of New South Wales v Dodson [1999] FCA 715
COSTS – appeal incompetent for absence of jurisdiction – whether s 347 Workplace Relations Act 1996 (Cth) applies – whether proceeding is a proceeding in a matter arising under the Workplace Relations Act 1996 (Cth) to which the Act applies.
Federal Court of Australia Act 1976 (Cth) ss 24, 28(1)(b)
Workplace Relations Act 1996 (Cth) s 347
Russell v Bates (1927) 40 CLR 209 cited
Minister for Health (Commonwealth) v Trustees of the Ancient Order of Foresters Friendly Society in Queensland (1985) 10 FCR 27 distinguished
Re Zagoridis; Ex parte Q'plas Group Pty Ltd (1990) 27 FCR 108 cited
Cameron v Cole (1944) 68 CLR 571 cited
R v Sagacio; Ex parte Katelaris (1990) 99 FLR 439 cited
AUTISTIC ASSOCIATION OF NEW SOUTH WALES v
CAROLINE DODSON NG 117 OF 1998 LEE, HILL AND MERKEL JJ SYDNEY 31 MAY 1999
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 117 OF 1998
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AUTISTIC ASSOCIATION OF NEW SOUTH WALES
Appellant
AND: CAROLINE DODSON
Respondent
JUDGES: LEE, HILL AND MERKEL JJ
DATE OF ORDER: 31 MAY 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The judgment of his Honour made on 30 January 1998 be set aside as a judgment made without jurisdiction with the effect that the figure of $23,739 in item 2 of the order made by the Judicial Registrar on 5 August 1997 stands unamended. 2. The appellant pay the respondent's costs of the proceeding before his Honour. 3. The appeal be dismissed with no order for costs. 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 117 OF 1998
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