Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Croker v Department of Family & Community Services [2000] FCA 883
PRACTICE AND PROCEDURE – Pleadings – whether reasonable cause of action pleaded – whether statement of claim should be struck out and whether leave to replead should be granted. Social Security Act 1991 (Cth), s.1061A. Social Security Legislation Amendment (Budget and Other Measures) Act 1996 (Cth). Social Security Legislation Amendment (Youth Allowance Consequential and Related Measures) Act 1998 (Cth). Financial Management and Accountability Act 1997 (Cth), s.52. Financial Management and Accountability Regulations 1997 (Cth), reg 6, 9. Federal Court Rules, O 11, r 16; O 20, r 2.
Croker v Department of Family and Community Services [2000] FCA 269, referred to. Coles Myer Ltd v City West Water Ltd (Supreme Court of Victoria, Gillard J, unreported, 9 September 1998), referred to. News Ltd v Australian Rugby League Football Ltd (1996) 64 FCR 410, referred to. Breen v Williams (1996) 186 CLR 71, applied. Hospital Products Ltd v United States Surgical Corporation (1984) 156 CLR 41, referred to. Formosa v Secretary, Department of Social Security (1988) 46 FCR 117, cited. Roberts v Repatriation Commission (1992) 39 FCR 420, cited. Minister for Immigration and Ethnic Affairs v Kurtovic (1990) 21 FCR 193, cited. Dey v Victorian Railways Commissioner (1949) 78 CLR 62, cited. General Steel Industries Inc v Commissioner of Railways (NSW) (1964) 112 CLR 125, cited. Dunn v Australian Society of Certified Public Accountants (1998) 29 ACSR 1, referred to. Munnings v Australian Government Solicitor (No 2) (1994) 120 ALR 586, cited. CLAYTON ROBERT CROKER v DEPARTMENT OF FAMILY AND COMMUNITY SERVICES & ANOR N 845 OF 1999 SACKVILLE J 3 JULY 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 845 OF 1999
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