Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Von Stieglitz v Comcare [2012] FCA 55 Citation: Von Stieglitz v Comcare [2012] FCA 55
Parties: KATHERINE JANE VON STIEGLITZ v COMCARE
File number: ACD 3 of 2012
Judge: STONE J
Date of judgment: 3 February 2012
Catchwords: PRACTICE AND PROCEDURE – application to have originating application seeking judicial review of reviewable decision dismissed pursuant to s 10(2)(b)(ii) Administrative Decisions (Judicial Review) Act 1977 (Cth) – whether complaint more appropriately pursued in Administrative Appeals Tribunal pursuant to s 64 Safety, Rehabilitation and Compensation Act 1988 (Cth) – matter for discretion of the Court
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) s 10(2)(b)(ii) Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 14, 60, 64
Cases cited: Clement v Comcare [2007] FCA 2039
Date of hearing: 3 February 2012
Place: Canberra
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 7
The applicant appeared in person.
Counsel for the Respondent: D Richards
Solicitor for the Respondent: DibbsBarker
IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION ACD 3 of 2012
BETWEEN: KATHERINE JANE VON STIEGLITZ
Applicant
AND: COMCARE
Respondent
JUDGE: STONE J DATE OF ORDER: 3 FEBRUARY 2012 WHERE MADE: CANBERRA
THE COURT ORDERS THAT:
1. The interlocutory application filed by the respondent on 30 January 2012 be allowed. 2. Pursuant to s 10(2)(b)(ii) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) the originating application in this proceeding filed on 16 January 2012 be dismissed. 3. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules.
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