Burgess v Centrelink [2007] FCA 595

FEDERAL COURT OF AUSTRALIA

Burgess v Centrelink [2007] FCA 595

PRACTICE AND PROCEDURE – consideration of an application for security for costs of an appeal from a decision of a Federal Magistrate – consideration of the principles to be applied – consideration of the circumstance that the controversy is one between a citizen and the executive

Social Security Act (1991) Social Security (Administration) Act 1999 Federal Court of Australia Act (1976), s 56 Federal Court Rules, O 28, O52, r 20

Burgess v Centrelink and Ors [2006] FMCA 1952 - cited Carey-Hazell v Getz Brothers & Co (Aust) Pty Ltd [2004] FCA 1334 - cited Cooper v Universal Music Australia Pty Ltd [2006] FCA 642 - cited Equity Access v Westpac Banking Corporation (1989) ATPR 40-972 – cited KP Cable Investments Pty Ltd v Melt Glow Pty Ltd (1995) 56 FCR 189 - cited DARREN JOHN BURGESS v CENTRELINK, SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS AND SECRETARY, DEPARTMENT OF FAMILIES, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS QUD34 OF 2007

GREENWOOD J

24 APRIL 2007

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD34 OF 2007

BETWEEN: DARREN JOHN BURGESS

Applicant/Appellant

AND: CENTRELINK

First Respondent

SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS

Second Respondent

SECRETARY, DEPARTMENT OF FAMILIES, COMMUNITY SERVICES AND INDIGENOUS AFFAIRS

Third Respondent

JUDGE: GREENWOOD J

DATE OF ORDER: 24 APRIL 2007

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Darren John Burgess provide security for the costs of the respondents of and incidental to an appeal from a decision of Federal Magistrate Wilson made on 18 December 2006 dismissing an application by Darren John Burgess for an extension of time to file and serve a notice of appeal from a decision of the Administrative Appeals Tribunal given on 6 September 2006 in an amount of $2,000. 2. The appeal the subject of the notice of appeal filed by Darren John Burgess on 22 January 2007 is stayed until security in accordance with Order 1 is provided by Darren John Burgess or until further order. 3. Each party has liberty to apply to the court on seven days notice to the other. 4. Darren John Burgess is to pay the costs of the respondents (being the applicants on the notice of motion) of and incidental to the notice of motion filed 5 April 2007. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.