Federal Court of Australia
JUDGMENT NO. somcr 22 IE. NOT FOR DISTRIBUTION
FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY) No. 529 of 1993 GENERAL DIVISION )
BETWEEN:
DANIEL HULUBA Applicant
AND:
MINISTER FOR IMMIGRATION
COURT OF AFF FEE USTRALIA & ETHNIC AFFAIRS PRINCIPAL REGISTRY Respondent CORAM: SACKVILLE J. PLACE: SYDNEY DATE: FRIDAY, 28 OCTOBER 1994 REASONS FOR JUDGMENT
HIS HONOUR: In this matter there is a notice of motion that has been filed by leave of the Court today. That notice of motion is filed on behalf of the applicant in the proceedings. The notice of motion seeks to vacate the hearing date which is set down for next Wednesday, 2 November 1994. It also asks that the Matter be re-listed for hearing on what is described as the next
"calendar of the Court".
In support of the notice of motion, Mr Icao who appears on behalf of the applicant, has read an affidavit sworn by the applicant. That affidavit indicates that his previous solicitor, Mr Muir, ceased to represent him by reason of his inability to meet the
costs of pursuing the application. It appears that Mr Muir filed
a notice of ceasing to act on 26 October 1994. The affidavit indicates that the applicant is mainly relying on support from friends in Australia. It also indicates that he has engaged the services of his current solicitors on a pro bono basis. The affidavit further indicates that all records are with Mr Muir, the former solicitor, and that Mr Muir has apparently not
released custody of those records.
The history of the matter indicates that it was originally set down for hearing on 11 February 1994 in accordance with short minutes of order that were made by consent on 22 October 1993. On 24 December 1993 consent orders were entered in the Court that involved a fresh timetable. By implication the orders contemplated that the date for hearing previously set down could be vacated. The matter was listed before the Court for a directions hearing on 14 April 1994. At that time a further timetable was directed that involved the applicant filing and serving affidavits by 5 May 1994, and the respondent filing affidavits in response by 19 May 1994. Leave was granted to the
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