Alexakis v Secretary, Department of Education, Employment and Workplace Relations [2009] FCAFC 124

Alexakis v Secretary, Department of Education, Employment and Workplace Relations [2009] FCAFC 124

There was no evidence of actual or apprehended bias by the primary judge. The appellant failed to raise any question of law to enliven the appellate jurisdiction under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth). The appellant had an adequate opportunity to present his case. The appeal had no merit and was dismissed with costs.

Jurisdiction
Australia
Judgment Date
14 September 2009
Procedural Posture
Appeal / Full Court Appeal From Single Judge of the Federal Court
Outcome
Appeal dismissed with costs
Legal Topics
['appeal' 'jurisdiction' 'question of Law' 'bias' 'procedural Fairness' 'interlocutory Orders']
['administrative Law'] ['appeal' 'jurisdiction' 'question of Law' 'bias' 'procedural Fairness' 'interlocutory Orders']

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Procedural Posture

Appeal / Full Court Appeal From Single Judge of the Federal Court

Legal Issues

  1. 1 ["Whether the primary judge's decision was final or interlocutory" 'Whether the appeal raised a question of law under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth)' 'Whether there was actual or apprehended bias by the primary judge' 'Whether the appellant had sufficient opportunity to present his case']

Ratio Decidendi

There was no evidence of actual or apprehended bias by the primary judge. The appellant failed to raise any question of law to enliven the appellate jurisdiction under s 44 of the Administrative Appeals Tribunal Act 1975 (Cth). The appellant had an adequate opportunity to present his case. The appeal had no merit and was dismissed with costs.

Court Disposition

Appeal dismissed with costs

Orders

  • ['The appeal be dismissed.' 'The Appellant pay the costs of the Respondents.']