Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
IAN DUNCAN v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES [2007] FCA 507 ADMINISTRATIVE LAW – Freedom of Information – application for amendment of personal information in internal email – application refused – refusal affirmed on internal review – application for judicial review to Federal Magistrates Court – application dismissed summarily – alternative avenues to Administrative Appeals Tribunal – exercise of discretion under section 10 of Administrative Decisions (Judicial Review) Act – appeal against decision of Federal Magistrate – leave to appeal required – proposed appeal without merit – proposed appeal serving no useful purpose – subsequent amendment and annotation of internal email.
Administrative Decisions (Judicial Review) Act 1977 Administrative Appeals Tribunal Act 1975 Freedom of Information Act 1982 (Cth) Federal Court of Australia Act 1976 Federal Court Rules Duncan v Secretary, Department of Family and Community Services [2004] FMCA 800 Duncan v Hotop [2004] FCA 274 Duncan v Fayle [2004] FCA 723 Duncan v Administrative Appeals Tribunal (No 2) [2004] FCA 1258 Johnson Tiles Pty Ltd v Esso Australia Pty Ltd (2000) 104 FCR 564 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Ex parte Bucknell (1936) 56 CLR 221 IAN DUNCAN v SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES WAD 276 OF 2004
FRENCH J
12 APRIL 2007
PERTH IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY WAD 276 OF 2004
ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA
BETWEEN: IAN DUNCAN
Appellant
AND: SECRETARY, DEPARTMENT OF FAMILY AND COMMUNITY SERVICES
Respondent
JUDGE: FRENCH J
DATE OF ORDER: 12 APRIL 2007
WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. Leave to appeal is refused. 2. The appeal is dismissed as incompetent. 3. The appellant is to pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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