Spehar v Administrative Appeals Tribunal [2005] FCA 556

Spehar v Administrative Appeals Tribunal [2005] FCA 556

The applicant's objection to remitter, based on prior consideration of his health in different proceedings, is not sufficient to prevent the court from remitting the current matter to the Federal Magistrates Court.

Jurisdiction
Australia
Judgment Date
22 April 2005
Procedural Posture
Appeal / Order for Remitter/remittal
Outcome
Matter remitted to the Federal Magistrates Court at Brisbane. Leave granted to file and serve an amended notice of appeal by 6 May 2005. Costs reserved.
Legal Topics
['jurisdiction' 'remitter of Proceedings']
['administrative Law'] ['jurisdiction' 'remitter of Proceedings']

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Procedural Posture

Appeal / Order for Remitter/remittal

Legal Issues

  1. 1 ['Whether the matter should be remitted to the Federal Magistrates Court' "Whether the applicant's objection based on prior consideration of his health by a magistrate is a valid basis to prevent remittal"]

Ratio Decidendi

The applicant's objection to remitter, based on prior consideration of his health in different proceedings, is not sufficient to prevent the court from remitting the current matter to the Federal Magistrates Court.

Court Disposition

Matter remitted to the Federal Magistrates Court at Brisbane. Leave granted to file and serve an amended notice of appeal by 6 May 2005. Costs reserved.

Orders

  • ['The matter be remitted to the Federal Magistrates Court at Brisbane.' 'The applicant have leave to file and serve an amended notice of appeal on or before 6 May 2005.' 'Costs be reserved.']