Schiffer v Pattison [2000] FCA 418

FEDERAL COURT OF AUSTRALIA

Schiffer v Pattison [2000] FCA 418

PRACTICE AND PROCEDURE – appeal from Administrative Appeals Tribunal – application to strike out notice of appeal – original notice disclosed no question of law – under what circumstances leave to amend notice of appeal will be granted – litigant in person – pro bono counsel obtained after notice filed – whether proposed amendments disclose questions of law raised on tenable grounds – leave granted

Bankruptcy Act 1966 (Cth), s 149D(1)(e), (f), (n), s 149Q Administrative Appeals Tribunal Act 1975 (Cth), s 43, s 44(1)

Australian Telecommunications Corporation v Lambroglou (1990) 12 AAR 515 cited Commissioner of Taxation (Cth) v Brambles Holdings Ltd (1991) 99 ALR 523 referred Sullivan v Department of Transport (1978) 20 ALR 323 referred Transport Accident Commission (Vic) v Bausch [1998] 4 VR 249 referred

HORST DIETER SCHIFFER v PAUL PATTISON V 490 of 1999 KENNY J MELBOURNE 5 APRIL 2000

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 490 of 1999

BETWEEN: HORST DIETER SCHIFFER

Applicant

AND: PAUL PATTISON

Respondent

JUDGE: KENNY J

DATE OF ORDER: 5 APRIL 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The applicant have leave to amend the notice of appeal filed 25 August 1999 in accordance with the reasons for judgment delivered in this matter on 5 April 2000. 2. The applicant file and serve a draft of the proposed amended notice of appeal on or before 26 April 2000. 3. The further hearing of the notice of motion be adjourned to 9.30am on 3 May 2000. 4. A further directions hearing be fixed for 9.30am on 3 May 2000. 5. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.