Duncan v Hotop [2004] FCA 274

FEDERAL COURT OF AUSTRALIA

Duncan v Hotop [2004] FCA 274 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 10(2)(b)(ii) Federal Court of Australia Act 1976 (Cth) s 50 Duncan v Hotop [2002] FMCA 56 affirmed Federal Commissioner of Taxation v Raptis (1989) 89 ATC 4994 cited Percerep v Minister for Immigration & Multicultural Affairs (1998) 86 FCR 483 cited Sharp Corporation of Australia Pty Ltd v Collector of Customs (1995) 59 FCR 6 cited Tuite v Administrative Appeals Tribunal (1993) 40 FCR 483 cited IAN LAURENCE DUNCAN v ASSOCIATE PROFESSOR SD HOTOP, SENIOR MEMBER, ADMINISTRATIVE APPEALS TRIBUNAL and THE SECRETARY OF THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES W170 of 2003 RD NICHOLSON J 22 MARCH 2004 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W170 OF 2003

BETWEEN: IAN LAURENCE DUNCAN

APPLICANT

AND: ASSOCIATE PROFESSOR SD HOTOP

SENIOR MEMBER

ADMINISTRATIVE APPEALS TRIBUNAL

FIRST RESPONDENT

THE SECRETARY OF THE DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

SECOND RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 22 MARCH 2004

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicant's application for an extension of time within which to file a notice of appeal be refused. 2. The applicant's application for a confidentiality order pursuant to s 50 of the Federal Court of Australia Act 1976 (Cth) be refused. 3. The applicant pay the costs of the first and second respondents of these applications. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W170 OF 2003