L v Human Rights and Equal Opportunity Commission [2006] FCAFC 114

FEDERAL COURT OF AUSTRALIA

L v Human Rights and Equal Opportunity Commission [2006] FCAFC 114 PRACTICE AND PROCEDURE – litigation guardian – procedure for appointing a litigation guardian under Div 11.2 of the Federal Magistrate Rules 2001 – whether Federal Magistrate entitled to make stay orders – discussion of procedural requirements where Court considers litigation guardian may be needed ADMINISTRATIVE LAW – procedural fairness – where Federal Magistrate stayed proceedings pending appointment of a litigation guardian or psychiatric evidence that litigation guardian not required – whether Federal Magistrate failed to provide appellant with adequate notice and opportunity to be heard – whether appellant denied procedural fairness PRACTICE AND PROCEDURE – unrepresented litigant – procedure where issue of summary dismissal emerges where also an issue of litigant's capacity to conduct proceedings

Federal Magistrates Court Rules 2001 (Cth) Div 11.2 Federal Court of Australia Act 1976 (Cth) s 50 Commissioner of Police v Tanos (1958) 98 CLR 383 cited Howell v Lewis (1891) 61 LJ Ch 89 cited Masterman-Lister v Brutton & Co (Nos 1 and 2) [2003] 3 All ER 162 discussed Murphy v Doman (2003) 58 NSWLR 51 cited L v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION AND MINISTER FOR FAMILY AND COMMUNITY SERVICES NSD 1148 OF 2004 BLACK CJ, MOORE AND FINKELSTEIN JJ 12 JULY 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1148 OF 2006

ON APPEAL FROM THE FEDERAL MAGISTRATES COURT OF AUSTRALIA

BETWEEN: L

APPELLANT

AND: HUMAN RIGHTS & EQUAL OPPORTUNITY COMMISSION

FIRST RESPONDENT

MINISTER FOR FAMILY & COMMUNITY SERVICES

SECOND RESPONDENT

JUDGES: BLACK CJ, MOORE AND FINKELSTEIN JJ

DATE OF ORDER: 12 JULY 2006