Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Croker v Secretary, Department of Education, Employment and Workplace Relations (No 3) [2008] FCA 1473
ADMINISTRATIVE LAW – appeal from decision of Administrative Appeals Tribunal affirming a decision of the Social Security Appeals Tribunal that applicant could be required to enter a Newstart Activity Agreement – Notice of Appeal failed to disclose question of law – applicant sought to raise fresh ground that judgment annexing transcript of oral reasons did not constitute proper reasons for decision – reasons for decision were clear – other proposed fresh ground not in issue before AAT – appeal dismissed as incompetent Administrative Appeals Tribunal Act 1975 (Cth) s 43 Social Security Act 1991 (Cth) ss 605, 606 Birdseye v Australian Securities and Investment Commission (2003) 76 ALD 321 applied Croker v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 971 referred to Croker v Sydney Institute of TAFE (State of New South Wales) [2003] FCA 942 followed Jordan v Australian Postal Corporation (2007) 99 ALD 303 referred to Martin v Australian Postal Corp (1999) 29 AAR 420 applied CLAYTON ROBERT CROKER v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS (NO 3) NSD 1279 OF 2008
JACOBSON J
25 SEPTEMBER 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1279 OF 2008
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL CONSTITUTED BY SENIOR MEMBER ALLEN BETWEEN: CLAYTON ROBERT CROKER
Applicant
AND: SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
Respondent
JUDGE: JACOBSON J
DATE OF ORDER: 25 SEPTEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The Notice of Appeal is dismissed as incompetent. 2. The applicant pay the respondent's costs of the proceeding fixed in the amount of $700.00. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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