Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Rahman v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 239
PRACTICE AND PROCEDURE – application for leave to appeal out of time – "special reasons" required – meaning of "special reasons" (O 52 r 15(2) of Federal Court Rules) – allegations of actual bias against trial judge – requirement that there be a proper basis to support such an allegation Administrative Decisions (Judicial Review) Act 1977 (Cth), s 5 Federal Court of Australia Act 1976 (Cth), ss 14, 24, 25(2)(b) Judiciary Act 1903 (Cth), s 39B, s 78B Social Security (Administration) Act 1999 (Cth), s 192 Federal Court Rules, O 46 r 7A, O 52 r 15
Howard v Australian Electoral Commission [2000] FCA 1767 applied Inglis v Commonwealth Trading Bank of Australia (1969) 119 CLR 334 applied McGowan v Migration Agents Registration Authority (2003) 129 FCR 118 cited Parker v The Queen [2002] FCAFC 133 applied QAAH v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 9 applied Rahman v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 1634cited SCAA v Minister for Immigration and Multicultural and Indigenous Affairs [2002] FCA 668 applied Transport Workers' Union of New South Wales v Australian Industrial Relations Commission (2008) 166 FCR 108 cited MOHAMMAD TABIBAR RAHMAN v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
NSD 125 of 2009
FOSTER J
18 MARCH 2009
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 125 of 2009
BETWEEN: MOHAMMAD TABIBAR RAHMAN
Applicant
AND: SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
Respondent
JUDGE: FOSTER J
DATE OF ORDER: 18 MARCH 2009
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
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