Budd v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 345

FEDERAL COURT OF AUSTRALIA

Budd v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 345

ADMINISTRATIVE LAW – leave to appeal from dismissal of an appeal from a decision of the Administrative Appeals Tribunal – need for an arguable case of error of law. APPEAL – application for an extension of time – interlocutory judgment – leave to appeal also required – test to be applied. Administrative Appeals Tribunal Act 1975 (Cth) s 44(1) Social Security Act 1991 (Cth) s 1035 Federal Court Rules O 52 r 10(2A)(b), O 52 r 15 Birdseye v Australian Securities and Investments Commission [2003] FCAFC 232 Brown v Repatriation Commission [2006] FCA 914 Colby Corporation Pty Ltd v Commissioner of Taxation (2008) 165 FCR 133 Comcare v Etheridge [2006] FCAFC 27 Deighton v Telstra Corporation Ltd [1997] FCA 1568 Jess v Scott (1986) 12 FCR 187 Purvis v Dairy Adjustment Authority (No 2) (2006) 150 FCR 48 Sharman License Holdings Ltd v Universal Music Aust Pty Ltd [2005] FCA 802 Vu v Minister for Immigration and Citizenship [2008] FCAFC 59 PAMELA JOAN BUDD v SECRETARY, DEPARTMENT OF EDUCATION EMPLOYMENT AND WORKPLACE RELATIONS

NSD 1868 of 2008

BUCHANAN J

15 APRIL 2009

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1868 of 2008

BETWEEN: PAMELA JOAN BUDD

Applicant

AND: SECRETARY, DEPARTMENT OF EDUCATION EMPLOYMENT AND WORKPLACE RELATIONS

Respondent

JUDGE: BUCHANAN J

DATE OF ORDER: 15 APRIL 2009

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application filed on 3 December, 2008 is dismissed. 2. The applicant is to pay the respondent's costs, if any, such costs to be taxed if not agreed. 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