Dudzinski v Rossington [2000] FCA 1659

Dudzinski v Rossington [2000] FCA 1659

Applicants' claims for mandamus and prohibition are futile since payment of allowances was made; legislative scheme confers power upon Secretary to require entry into a Newstart Activity Agreement; no grounds for relief pleaded regarding disclosure of agent identities or prohibition sought.

Jurisdiction
Australia
Judgment Date
17 November 2000
Procedural Posture
Originating Application / Strike Out Application Decided
Outcome
application dismissed
Legal Topics
['mandamus' 'prohibition' 'newstart Activity Agreement' 'partner Allowance' 'social Security Act 1991 (cth)' 'activity Test' 'strike Out for Futility']
['administrative Law' 'social Security Law'] ['mandamus' 'prohibition' 'newstart Activity Agreement' 'partner Allowance' 'social Security Act 1991 (cth)' 'activity Test' 'strike Out for Futility']

Case Brief

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Procedural Posture

Originating Application / Strike Out Application Decided

Legal Issues

  1. 1 ["Whether the applicants' claims for mandamus and prohibition have become futile due to subsequent payment of allowances" 'Whether the Secretary had power to require entry into a Newstart Activity Agreement' 'Whether prohibition should be granted to prevent entry into an Intensive Assistance Activity Agreement']

Ratio Decidendi

Applicants' claims for mandamus and prohibition are futile since payment of allowances was made; legislative scheme confers power upon Secretary to require entry into a Newstart Activity Agreement; no grounds for relief pleaded regarding disclosure of agent identities or prohibition sought.

Court Disposition

application dismissed

Orders

  • ["The applicants' originating application be dismissed."]