Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Budd v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 1540
SOCIAL SECURITY – Mobility allowance – travel test. PRACTICE AND PROCEDURE – Extension of time to file and serve a notice of appeal – Administrative Appeals Tribunal Act 1975 (Cth) s 44(2A)(a).
Administrative Appeals Tribunal Act 1975 (Cth) ss 44(1), 44(2A)(a), 44(2B) Federal Court Rules (Cth) O 4 r 1, O 53 r 2(1), O 53 r 3(2) Human Rights and Equal Opportunity Commission Act 1986 (Cth) s 46PO(2) Social Security Act 1991 (Cth) s 1035 Anisminic Ltd v Foreign Compensation Commission and Another [1969] 2 AC 147 considered Budd v Secretary, Department of Education, Employment and Workplace Relations [2008] AATA 137 affirmed Comcare v Etheridge [2006] FCAFC 27 considered Craig v The State of South Australia (1995) 184 CLR 163 considered Minister for Aboriginal Affairs and Another v Peko-Wallsend Limited and Others (1986) 162 CLR 24 followed Pham v Commonwealth of Australia [2002] FCA 669 considered Phillips v Australian Girls' Choir Pty Ltd & Anor [2001] FMCA 109 approved PAMELA JOAN BUDD v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
NSD 451 of 2008
COWDROY J
17 OCTOBER 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 451 of 2008
BETWEEN: PAMELA JOAN BUDD
Applicant
AND: SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
Respondent
JUDGE: COWDROY J
DATE OF ORDER: 17 OCTOBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application be dismissed. 2. The Applicant pay the costs of the Respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 451 of 2008
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