Clement v Comcare [2007] FCA 2039

FEDERAL COURT OF AUSTRALIA

Clement v Comcare [2007] FCA 2039

KRISTINE CLEMENT v COMCARE AND ORS ACD5 OF 2007 KRISTINE CLEMENT v COMCARE ACD19 OF 2007

EMMETT J

20 DECEMBER 2007

SYDNEY (HEARD VIA VIDEO LINK TO CANBERRA) IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD5 OF 2007

BETWEEN: KRISTINE CLEMENT

Applicant

AND: COMCARE

First Respondent

PARLIAMENTARY SECRETARY TO THE MINISTER FOR FINANCE AND ADMINISTRATION

Second Respondent

AUSTRALIAN BUREAU OF STATISTICS

Third Respondent

COMMONWEALTH OF AUSTRALIA

Fourth Respondent

JUDGE: EMMETT J

DATE OF ORDER: 20 december 2007

WHERE MADE: sydney (via video link to CANBERRA)

THE COURT ORDERS THAT: 1. Leave to file the proposed amended application of 7 September 2007 be refused. 2. The proceeding so far as it claimed relief under the Administrative Decisions (Judicial Review) Act 1977 (Cth) against the first respondent be dismissed. 3. All other claims for relief against the First Respondent and all claims for relief against the Third and Fourth Respondents as made in the application filed on 1 February 2007 be struck out. 4. The amended application purportedly filed on 7 September 2007 be struck out. 5. The amended applications of 22 March 2007, 28 March 2007, 19 April 2007 and 24 May 2007 be struck out. 6. Leave be granted to the Applicant to file an amended application as against the second respondent claiming relief under the Administrative Decisions (Judicial Review) Act 1977 (Cth) in respect of the failure of the Second Respondent to make a payment to the Applicant under section 33 of the Financial Management and Accountability Act 1997 (Cth). 7. Except as provided above the Applicant shall not file any further documents without leave of the Court. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.