Croker v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 1587

FEDERAL COURT OF AUSTRALIA

Croker v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 1587

LEAVE – application for leave to appeal – appeal from Administrative Appeals Tribunal dismissed as incompetent – no question of law raised – applicant claimed inadequate opportunity to prepare for argument on competency of the appeal – trial judge's decision not attended by any real doubt and no substantial injustice to applicant. Held: application dismissed. Administrative Appeals Tribunal Act 1975 (Cth) Commonwealth of Australia Constitution Act 1901 Federal Court Rules Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) Social Security Act 1991 (Cth) Croker v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 971 Croker v Secretary, Department of Education, Employment and Workplace Relations (No 3) [2008] FCA 1473 Croker v Sydney Institute of TAFE (State of New South Wales) [2003] FCA 942 Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Re Summers and Secretary, Dept of Family and Community Services [2005] AATA 125 Sharp v Deputy Commissioner of Taxation (Cth) (1988) 88 ATC 4 SZGAP v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 227 ALR 683; [2005] FCA 1785

Moshinsky QC, N (ed), Practice and Procedure High Court and Federal Court of Australia (LexisNexis, subscription service)

CLAYTON ROBERT CROKER v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

NSD 1591 OF 2008

JAGOT J

24 OCTOBER 2008

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1591 OF 2008

BETWEEN: CLAYTON ROBERT CROKER

Applicant

AND: SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS