Bird, G. v. Hon Free, R. & Ors [1994] FCA 891

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JUDGMENT No. St dol wth. CATCHWORDS

PRACTICE AND PROCEDURE - Application for leave to appeal direction of Judge given to District Registrar pursuant to 0O 46 r 7A the Federal Court Rules not to accept application - refusal by District Registrar to file application for leave to

appeal - direction to District Registrar not to accept application. ADMINISTRATIVE LAWN - Judge of Federal Court has no

jurisdiction to issue writ of prohibition or injunction against another Judge of Court.

Constitution - 8 75(v)

Federal Court of Australia Act 1976 - ss 5(3), 14, 19(1), 20(1), 25

Federal Court Rules - 0 46 r 7A

Judiciary Act 1903 - ss 38(e), 39B, 39B(2)

Thomas Borthwick & Sons (Pacific Holdings) Ltd. v Trade Practices Commission (1988) 79 A.L.R. 171 Referred to

Jarrett v Seymour (1993) 46 F.C.R. 557 Applied

Kotsis v Kotsis (1970) 122 C.L.R. 69 Considered

Musgrove v McDonald (1906) 3 C.L.R. 132 Considered B v .

Commonwealth Court of Conciliation and Arbitration: Ex parte Ozone Theatres (Aust.) Ltd, (1949) 78 C.L.R. 389 Referred to

Rv i

(1979) 23 A.L.R. 439 Referred to B v Watson: Ex parte Armstrong (1976) 136 C.L.R. 248 Referred

The Medical Board of Victoria v Meyer (1937) 58 C.L.R. 62

Referred to

Geoffrey Bird Vv QG 164 of 1994

IN THE FEDERAL COURT OF AUSTRALIA ) No. QG 164 of 1994

BETWEEN: GEOFFREY BIRD Applicant

AND: Hon. ROSS FREE, Minister for Schools, Vocational

Education and Training

First Respondent

AND: Hon. SIMON CREAN, Minister for Employment, Education and Training

Second Respondent

AND: DEREK VOLKER, Secretary to the Department of Employment, Education and Training

Third Respondent

AND: Hon. Justice SUSAN KIEFEL, a Judge of the Federal Court of Australia Fourth Respondent MINUTES OF ORDERS JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 17 November, 1994 WHERE MADE: Brisbane THE JUDGE DIRECTS THAT: