Dudzinski v Centrelink [2003] FCA 1500

FEDERAL COURT OF AUSTRALIA

Dudzinski v Centrelink [2003] FCA 1500

INJUNCTION – prerogative relief - where application for writ of mandamus, prohibition and injunction against Centrelink for refusal to pay Newstart Allowance – whether such remedies are available – whether signing a Preparing for Work Agreement a condition of payment of Newstart Allowance - whether the requirement to join Job Seeker Network is ultra vires the Social Security Act 1991 (Cth) – whether notice required under s 605(1B) and s 605(3) of that Act is satisfied by letters posted or hand delivered, or by oral notice

Judiciary Act 1903 (Cth) s 39B Social Security Act 1991 (Cth) s 593, s 604, s 605, s 606 Social Security (Administration) Act 1999 (Cth) s 11, s 13(1), s 16, s 41, s 42, Schedule 2 Part 2 R v Spicer; Ex parte Waterside Workers Federation of Australia No. 2 (1958) 100 CLR 324 followed WALDEMAR DUDZINSKI and ANNA DUDZINSKI v CENTRELINK and JUDY O'SHEA and JOHN CURCURRUTO Q 15 of 2003 SPENDER J BRISBANE 16 DECEMBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 15 OF 2003

BETWEEN: WALDEMAR DUDZINSKI

FIRST APPLICANT

ANNA DUDZINSKI

SECOND APPLICANT

AND: CENTRELINK

FIRST RESPONDENT

JUDY O'SHEA

SECOND RESPONDENT

JOHN CURCURRUTO

THIRD RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 16 DECEMBER 2003

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The second applicant pay the respondents' costs of the application, including reserved costs, to be taxed if not agreed. 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 15 OF 2003