Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pham v Secretary, Department of Employment and Workplace Relations [2007] FCA 2049
ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal – whether right of appeal – presiding member adjourned Tribunal hearing and announced intention to obtain further evidence by summons – decision to adjourn not final and conclusive determination of the application WORDS AND PHRASES – "decision"
Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1)(c), 40(1A)(a), 40(1A)(b), 40(1A)(c), 44(1) Federal Court of Australia Act 1976 (Cth) s 31A(2) Clements v Independent Indigenous Advisory Committee [2003] FCAFC 143 (2003) 131 FCR 28 cited Director-General of Social Services v Chaney (1980) 31 ALR 571 followed Lowth v Comcare [1999] FCA 1692 followed CHARLES PHAM v SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS VID 1017 OF 2007
GRAY J
3 DECEMBER 2007
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1017 OF 2007
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR J R HANDLEY
BETWEEN: CHARLES PHAM
Applicant
AND: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS
Respondent
JUDGE: GRAY J DATE OF ORDER: 3 DECEMBER 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The appeal be dismissed. 2. The applicant pay the respondent's costs of the proceeding. 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 1017 OF 2007
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY MR J R HANDLEY
BETWEEN: CHARLES PHAM
Applicant
AND: SECRETARY, DEPARTMENT OF EMPLOYMENT AND WORKPLACE RELATIONS
Respondent
JUDGE: GRAY J
DATE: 3 DECEMBER 2007
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