Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kirkovski v Secretary, Department of Family & Community Services [2004] FCA 1208 VASILIJE KIRKOVSKI v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES N 1000 OF 2004 STONE J 15 SEPTEMBER 2004 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1000 OF 2004
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: VASILIJE KIRKOVSKI
APPELLANT
AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
RESPONDENT
JUDGE: STONE J
DATE OF ORDER: 15 SEPTEMBER 2004
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs of the notice of motion and the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1000 OF 2004
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: VASILIJE KIRKOVSKI
APPELLANT
AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
RESPONDENT
JUDGE: STONE J
DATE: 15 SEPTEMBER 2004
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 On 28 June 2004 the appellant filed a notice of appeal from the judgment of Bennett J delivered on 8 June 2004 in which her Honour dismissed an appeal under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) from a decision of the Administrative Appeals Tribunal (AAT).
2 On 19 August 2004 the respondent filed a notice of motion moving the Court for orders that, pursuant to s 25(2B)(bb)(i) of the Federal Court of Australia Act 1976 (Cth), the appeal be dismissed for failure to comply with the directions of the Court. The directions to which the respondent refers are as follows: a. A direction made on 15 July 2004 that the appellant prepare 6 copies of the appeal books and file and serve the appeal books by 13 August 2004; and b. A direction made on 28 July 2004 that the appellant file and serve within 14 days an amended notice of appeal which identified the grounds of the appeal from the judgment of Bennett J. 3 In addition to the directions to which the respondent refers I note that on 30 August 2004 I directed that the appellant (respondent to the notice of motion) file and serve by 10 September 2004, all documents and authorities on which he intended to rely and written submissions in reply to the written submissions of the applicant on the notice of motion. Those directions have also not been complied with.
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