Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Luck v University of Southern Queensland (No 2) [2013] FCA 1141 Citation: Luck v University of Southern Queensland (No 2) [2013] FCA 1141
Parties: GAYE LUCK v UNIVERSITY OF SOUTHERN QUEENSLAND
File number: VID 357 of 2009
Judge: TRACEY J
Date of judgment: 1 November 2013
Catchwords: PRACTICE AND PROCEDURE – interlocutory application seeking stay or adjournment – refused PRACTICE AND PROCEDURE – notice of objection to competency – whether the Federal Court has jurisdiction to review decisions made by a State University - objection to competency upheld
Legislation: Acts Interpretation Act 1901 (Cth) s 38 Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 3, 5, 13 Constitution s 75 Federal Court of Australia Act 1976 (Cth) ss 19, 37M, 37N Federal Court Rules 2011 (Cth) O 35A r 31.05 Freedom of Information Act 1982 (Cth) Judiciary Act 1903 (Cth) s 39B University of Southern Queensland Act 1998 (Qld)
Cases cited: Luck v University of Southern Queensland [2009] FCAFC 73 – considered Luck v University of Southern Queensland (No 4) [2011] FCA 433 – considered Luck v University of Southern Queensland [2013] FCA 1064 – cited R v Drake-Brockman; Ex parte National Oil Pty Ltd (1943) 68 CLR 51 – cited R v Murray and Cormie; Ex parte The Commonwealth (1916) 22 CLR 437 – cited Re Cram; Ex parte NSW Colliery Proprietors' Association Limited (1987) 163 CLR 117 – cited
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