Wang v Secretary, Department of Employment & Workplace Relations [2006] FCA 898

FEDERAL COURT OF AUSTRALIA

Wang v Secretary, Department of Employment & Workplace Relations [2006] FCA 898 PRACTICE – claims against Secretary of Department of Employment and Workplace Relations alleging criminal offences and civil liability to pay social security benefits Held: no jurisdiction Federal Court of Australia Act 1976 (Cth) s 19(1), s 31A Migration Litigation Reform Act 2005 (Cth) sch 2 Wang v Australian Industrial Relations Commission [2006] FCAFC 31 cited Fencott v Muller (1983) 152 CLR 570 applied Scott v Secretary, Department of Social Security (2000) 65 ALD 79 at [24] applied Scott v Pedler [2004] FCAFC 67 at [1], [53], [93], [102-103] and [106] applied Duncan v Lipscombe Child Care Services Inc [2006] FCA 458 discussed General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 at 150 cited NAN WANG v SECRETARY, DEPARTMENT OF EMPLOYMENT & WORKPLACE RELATIONS VID 1296 of 2005 QIAN XIAO v SECRETARY, DEPARTMENT OF EMPLOYMENT & WORKPLACE RELATIONS VID 1297 of 2005 HEEREY J 14 JULY 2006 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1296 of 2005

VID 1297 of 2005

BETWEEN: NAN WANG

APPLICANT

AND: SECRETARY, DEPARTMENT OF EMPLOYMENT & WORKPLACE RELATIONS

RESPONDENT

BETWEEN: QIAN XIAO

APPLICANT

AND: SECRETARY, DEPARTMENT OF EMPLOYMENT & WORKPLACE RELATIONS

RESPONDENT

JUDGE: HEEREY J

DATE OF ORDER: 14 JULY 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: Both applications are dismissed with costs, including reserved costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 1296 of 2005