Dudzinski v Secretary, Department of Family & Community Services [2000] FCA 1741

FEDERAL COURT OF AUSTRALIA

Dudzinski v Secretary Department of Family & Community Services [2000] FCA 1741

PLEADINGS - application for leave to appeal decision refusing amendments - leave refused in circumstances where proposed additions would unduly widen original relief sought in terms already rejected by the Court prior to the commencement of the proceedings - analysis of the application as an abuse of process Trade Practices Act 1974 Crimes Act 1914 Public Service Act 1922 DUDZINSKI and DUDZINSKI v DELEGATE TO THE SECRETARY OF THE DEPARTMENT OF FAMILY & COMMUNITY SERVICES and SECRETARY OF THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES Q 84 OF 2000 KIEFEL J BRISBANE 7 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: S M ROSSINGTON, DELEGATE TO THE SECRETARY OF THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

FIRST RESPONDENT

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

JUDGE: KIEFEL J

DATE OF ORDER: 7 NOVEMBER 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application for leave to appeal is dismissed. 2. The applicants pay the respondents' costs of the application to be taxed. 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: S M ROSSINGTON, DELEGATE TO THE SECRETARY OF THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

FIRST RESPONDENT

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