Federal Court of Australia
Federal Court of Australia
Fitzwarryne v Commonwealth Ombudsman [2023] FCA 175 Appeal from: Fitzwarryne v Commonwealth Ombudsman [2022] FedCFamC2G 482
File number: NSD 834 of 2022
Judgment of: RARES J
Date of judgment: 15 February 2023
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1), 11(1)(c), (3) Ombudsman Act 1976 (Cth) ss 4(2), 5(1)(a), 6(1)(b)(iii) Public Service Act 1999 (Cth) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 rr 1.07, 27.03 Federal Circuit Court Rules 2001 r 42.03 Federal Court Rules 2011 r 11.01(5)
Cases cited: Bienstein v Bienstein (2003) 195 ALR 225 Fitzwarryne v Commonwealth Ombudsman [2020] FCCA 1696 Fitzwarryne v Commonwealth Ombudsman [2022] FedCFamC2G 482 Griffith University v Tang (20050 221 CLR 99 Jackamarra v Krakouer (1998) 195 CLR 516 Regina v Secretary of State for the Home Department; Ex parte Mehta [1975] 1 WLR 1087
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 44
Date of hearing: 15 February 2023
Counsel for the Applicant: Applicant did not appear but relied on written submissions
Counsel for the Respondent: Ms C Taggart
Solicitor for the Respondent: Australian Government Solicitor
ORDERS NSD 834 of 2022
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