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. I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment herein of the Honourable Justice Dowsett. Associate: Dated: 5 May 2005 Counsel for the Applicant: The Applicant appeared in person. Solicitor for the Respondent: Australian Government Solicitor Date of Hearing: 22 April 2005 Date of Judgment: 22 April 2005