Federal Court of Australia
Federal Court of Australia
Kitoko v Registrar of the Federal Court of Australia [2024] FCAFC 14 Appeal from: Kitoko v Registrar, Registry of New South Wales, Federal Court of Australia [2023] FCA 1056
File number(s): NSD 1127 of 2023
Judgment of: THAWLEY, CHEESEMAN AND SHARIFF JJ
Date of judgment: 20 February 2024
Catchwords: APPEAL – appeal from dismissal of judicial review application challenging Registrar's decision not to accept interlocutory application (and other documents) for filing – documents not accepted for filing on the basis that the appellate jurisdiction of the Court exhausted – interlocutory application sought to be filed before the orders in the appellate jurisdiction were taken to have been entered – primary judge incorrectly assumed that the orders made in the appellate jurisdiction had been entered – appeal allowed. PRACTICE AND PROCEDURE – when orders taken to be entered under r 39.32(3) of the Federal Court Rules 2011 (Cth) – orders taken to be entered 14 days after the orders were authenticated unless the Court otherwise directs.
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5(1)(b), 5(1)(c), 5(2)(a), (b), (d), (g), (j) Federal Court of Australia Act 1976 (Cth) ss 25(1AA), 33(4), 38, 59 Migration Act 1958 (Cth) s 486E Federal Court Legislation Amendment Rules 2022 (Cth) Federal Court Rules 2011 (Cth) rr 1.61, 2.26, 39.01, 39.04, 39.05, 39.31, 39.32, 39.33, 39.34, 39.35 Uniform Civil Procedure Rules 2005 (NSW) s 36.16(3A)
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