Dudzinski v Rossington [2000] FCA 1659

FEDERAL COURT OF AUSTRALIA

Dudzinski v Rossington [2000] FCA 1659 ANNA DUDZINSKI AND WALDEMAR DUDZINSKI v SM ROSSINGTON AND DAVID ROSALKY, SECRETARY OF THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES Q 84 OF 2000 DRUMMOND J BRISBANE 17 NOVEMBER 2000

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 84 OF 2000

BETWEEN: ANNA DUDZINSKI

FIRST APPLICANT

WALDEMAR DUDZINSKI

SECOND APPLICANT

AND: SM ROSSINGTON

FIRST RESPONDENT

DAVID ROSALKY, SECRETARY OF THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

SECOND RESPONDENT

JUDGE: DRUMMOND J

DATE OF ORDER: 17 NOVEMBER 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The applicants' originating application be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 84 OF 2000

BETWEEN: ANNA DUDZINSKI

FIRST APPLICANT

WALDEMAR DUDZINSKI

SECOND APPLICANT

AND: SM ROSSINGTON

FIRST RESPONDENT

DAVID ROSALKY, SECRETARY OF THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

SECOND RESPONDENT

JUDGE: DRUMMOND J

DATE: 17 NOVEMBER 2000

PLACE: BRISBANE

REASONS FOR JUDGMENT

1 This is an application by the respondents, the Secretary of the Department of Family and Community Services and his delegate, to strike out the applicants' application and statement of claim under O 20 r 2 the Federal Court Rules. In seeking to satisfy the test for striking out a proceeding under this rule, the respondents have a heavy burden. See General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 at 129 - 130. 2 The applicants', by their originating proceeding filed 31 August 2000, claim the following: