Spehar v Administrative Appeals Tribunal [2005] FCA 556

FEDERAL COURT OF AUSTRALIA

Spehar v Administrative Appeals Tribunal [2005] FCA 556 DINKO SPEHAR v ADMINISTRATIVE APPEALS TRIBUNAL and SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES QUD 100 OF 2005 DOWSETT J 22 APRIL 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 100 OF 2005

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION

OF THE ADMINISTRATIVE APPEALS TRIBUNAL

CONSTITUTED BY MS M J CARSTAIRS, MEMBER

BETWEEN: DINKO SPEHAR

APPLICANT

AND: ADMINISTRATIVE APPEALS TRIBUNAL

FIRST RESPONDENT

SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

SECOND RESPONDENT

JUDGE: DOWSETT J

DATE OF ORDER: 22 APRIL 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The matter be remitted to the Federal Magistrates Court at Brisbane. 2. The applicant have leave to file and serve an amended notice of appeal on or before 6 May 2005. 3. 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

QUEENSLAND DISTRICT REGISTRY QUD 100 OF 2005

ON APPEAL FROM THE GENERAL ADMINISTRATIVE DIVISION

OF THE ADMINISTRATIVE APPEALS TRIBUNAL

CONSTITUTED BY MS M J CARSTAIRS, MEMBER

BETWEEN: DINKO SPEHAR

APPLICANT

AND: ADMINISTRATIVE APPEALS TRIBUNAL

FIRST RESPONDENT

SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES

SECOND RESPONDENT

JUDGE: DOWSETT J

DATE: 22 APRIL 2005

PLACE: BRISBANE

REASONS FOR JUDGMENT 1 The matter is within the jurisdiction of the Federal Magistrates Court. The applicant objects to remitter because his health was previously considered by a magistrate in connection with proceedings between him and his wife. That is not a basis for declining to remit this matter. I therefore order that the matter be remitted to the Federal Magistrates Court at Brisbane. I also order that the applicant have leave to file and serve an amended notice of appeal on or before 6 May 2005 and that costs be reserved.