Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Singh v Secretary, Dept of Family & Community Services [2001] FCA 1281
PRACTICE & PROCEDURE – application to revoke consent orders – where orders not formally entered – where orders dismissed proceedings with no order as to costs – where applicant wished to revoke consent because of a change of heart – whether applicant entitled to revoke orders.
Social Security Act 1991 (Cth) Federal Court of Australia Regulations 1978, O 35 r 10
Harvey v Phillips (1956) 95 CLR 235 followed Paino v Hofbauer (1988) 13 NSWLR 193 followed
MOHINDER SINGH v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES NO. V 130 OF 2001 BEAUMONT, KIEFEL & HELY JJ 21 SEPTEMBER 2001 SYDNEY (HEARD IN MELBOURNE)
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 130 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MOHINDER SINGH
APPELLANT
AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
RESPONDENT
JUDGES: BEAUMONT, KIEFEL AND HELY JJ
DATE OF ORDER: 21 SEPTEMBER 2001
WHERE MADE: SYDNEY (HEARD IN MELBOURNE)
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. Costs be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V 130 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: MOHINDER SINGH
APPELLANT
AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
RESPONDENT
JUDGES: BEAUMONT, KIEFEL & HELY JJ
DATE: 21 SEPTEMBER 2001
PLACE: SYDNEY (HEARD IN MELBOURNE)
REASONS FOR JUDGMENT
THE COURT:
INTRODUCTION 1 This is an appeal against a decision of a Judge of the Court, refusing an application by the appellant to revoke orders made by consent and filed in the Court on 19 December 2000. Those consent orders sought that proceedings brought by the appellant in the Federal Court appealing against a decision of the Administrative Appeals Tribunal ("the Tribunal") be dismissed and that there be no order as to costs. 2 The appellant appeared before the Court at first instance, and before us, without the aid of legal representation and was assisted during the appeal by his daughter and a court-appointed interpreter. He seeks orders that the minutes of consent orders be set aside and that his appeal from the Tribunal be reinstated.
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