Federal Court of Australia
Federal Court of Australia
Du Bray v ACW [2021] FCAFC 103 Appeal from: ACW v Du Bray (No 2) [2020] FCA 994
File number(s): NSD 800 of 2020
Judgment of: JAGOT, YATES AND COLVIN JJ
Date of judgment: 17 June 2021
Catchwords: PRACTICE AND PROCEDURE – interlocutory application – single judge exercising appellate jurisdiction of Court under Federal Court of Australia Act 1976 (Cth) to dismiss appeal by way of final orders for failure on part of appellant to provide security for costs – appeal dismissed for failure to provide security for costs
Legislation: Bankruptcy Act 1966 (Cth) s 77CA Federal Court of Australia Act 1976 (Cth) ss 20, 25(2B)(aa), 25(2B)(ba), 25(2B)(bb)(i), 25(2BB), 56 Jurisdiction of Courts Legislation Amendment Act 2002 (Cth) Law and Justice Legislation Amendment Act 2004 (Cth) Migration Litigation Reform Act 2005 (Cth) Federal Court Rules 2011 (Cth) rr 1.32, 36.09
Cases cited: ACW v Du Bray (No 2) [2020] FCA 994 Du Bray v ACW [2020] FCA 1142 Du Bray v ACW [2020] FCA 1680 Endormer Pty Ltd (In Liquidation) v Australian Guarantee Corporation Ltd [2001] FCA 510 Fard v Secretary, Department of Immigration and Border Protection [2016] FCA 1224 Lafferty v Waterton (No 2) [2020] FCA 1673 Mead v Mead (No 2) [2010] FCA 432 Nyoni v Pharmacy Board of Australia (No 2) [2019] FCA 225
Division: General Division
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