Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Luck v Chief Executive Officer of Centrelink [2008] FCA 1879
ADMINISTRATIVE LAW – Judicial review – Application for extension of time to make application for orders of review.
Administrative Decisions (Judicial Review) Act 1977 (Cth) s 11(3)
Hunter Valley Developments Pty Ltd v Cohen (1984) 3 FCR 344 referred to GAYE LUCK v CHIEF EXECUTIVE OFFICER OF CENTRELINK and SECRETARY FOR DEPARTMENT OF HUMAN SERVICES
VID 488 of 2008
TRACEY J
10 DECEMBER 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 488 of 2008
BETWEEN: GAYE LUCK
Applicant
AND: CHIEF EXECUTIVE OFFICER OF CENTRELINK
First Respondent
SECRETARY FOR DEPARTMENT OF HUMAN SERVICES
Second Respondent
JUDGE: TRACEY J DATE OF ORDER: 10 DECEMBER 2008
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The applicant's application for an enlargement of time within which to lodge an application in respect of the decisions referred to in paragraphs 2, 3 and 5 of her application be refused. 2. The applicant's application for an enlargement of time within which to lodge an application with respect to the conduct in relation to the making of the decisions referred to in paragraphs 2 and 3 of her application be refused. 3. The second respondent cease to be a party to the proceeding and all references to her in the application be struck out. 4. Paragraphs 2, 3 and 5 of the application be struck out. 5. Paragraph 4 of the application be struck out insofar as it refers to conduct relating to the making of the decisions referred to in paragraphs 2 and 3 of the application. 6. The applicant's application for the Commonwealth to be made a respondent to the proceeding be refused. 7. The applicant pay the respondents' costs of and incidental to their notice of objection to competency and her application for an enlargement of time including reserved costs. THE COURT DIRECTS THAT: 1. The respondent file and serve any further affidavits on which he intends to rely at trial on or before 9 February 2009. 2. The applicant file and serve any further affidavits on which she intends to rely at trial on or before 2 March 2009. 3. Any notice of motion seeking discovery and inspection and any supporting affidavits be filed and served on or before 30 January 2009. 4. The matter be listed for directions at 10:15 am on 6 February 2009. 5. The applicant file and serve her submissions on or before 16 March 2009. 6. The respondent file and serve his submissions on or before 30 March 2009. 7. The applicant file and serve any submissions in reply on or before 17 April 2009. 8. The matter be listed for final hearing on 23 April 2009 with an estimate of two days. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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