El Mouttie v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 699

FEDERAL COURT OF AUSTRALIA

El Mouttie v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 699 Citation: El Mouttie v Secretary, Department of Education, Employment and Workplace Relations [2010] FCA 699

Parties: SOPHIE EL MOUTTIE v SECRETARY, DEPARTMENT OF EDUCATION, EMPLOYMENT AND WORKPLACE RELATIONS

File number(s): VID 846 of 2009

Judge: TRACEY J

Date of judgment: 30 June 2010

Legislation: Administrative Appeals Tribunal Act 1975 (Cth) s 44 Federal Court of Australia Act 1976 (Cth) s 31A

Cases cited: Birdseye v Australian Securities and Investments Commission (2003) 38 AAR 55, referred to TNT Skypak International (Aust) Pty Ltd v Federal Commissioner of Taxation (1988) 19 ATR 1067, cited

Date of hearing: 30 June 2010

Place: Melbourne

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 16

The Appellant appeared in person

Counsel for the Respondent: Ms S Koya

Solicitor for the Respondent: DLA Phillips Fox

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

GENERAL DIVISION VID 846 of 2009

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: SOPHIE EL MOUTTIE

Appellant

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

Respondent

JUDGE: TRACEY J

DATE OF ORDER: 30 JUNE 2010

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The Administrative Appeals Tribunal be removed as a party to the purported appeal. 2. The purported appeal be dismissed. 3. The Appellant pay the Secretary, Department of Education, Employment and Workplace Relations' costs of the purported appeal, including the costs of the Secretary's notice of motion filed on 3 May 2010.