Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yao v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 18 Citation: Yao v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 18
Parties: QING QUAN YAO v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS
File number(s): NSD 860 of 2009
Judges: PERRAM J
Date of judgment: 27 January 2010
Catchwords: ADMINISTRATIVE LAW – Appeal – from Administrative Appeals Tribunal – whether notice of objection to competency may be filed in appeal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) – whether notice of objection to competency is a form of application or merely an instrument with costs consequences ADMINISTRATIVE LAW – Appeal – from Administrative Appeals Tribunal – whether decision by Tribunal not to issue a subpoena is a decision to which s 44 of the Administrative Appeals Tribunal Act applies – whether appeal competent
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules (Cth) O 53, O 53 r 2, O 54 r 4, O 54 r 7, O 54A, O 54B r 3, O 54B r 18, O 59 r 1, Judiciary Act 1093 (Cth) s 39B Migration Act 1958 (Cth)
Cases cited: Coal and Allied Operations Pty Ltd v Industry Research and Development Board [1992] FCA 890 (unreported decision of 16 November 1992) referred to Robinswood Pty Ltd v Commissioner of Taxation [1998] FCA 729 (unreported decision of 11 June 1998) referred to Rhodes v Tower Australian Superannuation [2004] FCA 812 referred to Mirvac Homes (NSW) Pty Ltd v Airservices Australia [2004] FCA 109 referred to Alexakis v Secretary, Department of Education, Employment and Workplace Relations [2008] FCA 1878 doubted Burgess v Secretary, Department of Education, Employment and Workplace Relations [2009] FCA 861 doubted Director General of Social Services v Chaney (1980) 47 FLR 80 applied Kowalski v Repatriation Commission (2009) 259 ALR 444 applied Geographical Indications Committee v The Honourable Justice O'Connor (2000) 64 ALD 325 referred to
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