Mathews, Russell Gordon Haig v Ramsey, Graham & Anor [1995] FCA 1149

CATCHWORDS

IN THE FEDERAL COURT OF AUSTRALIA) QUEENSLAND DISTRICT REGISTRY ) No. QG 99 of 1995 GENERAL DIVISION ) BETWEEN : RUSSELL GORDON HAIG MATHEWS Applicant AND : GRAHAM RAMSEY First Respondent AND : THE HONOURABLE DOUGLAS PATON DRUMMOND Second Respondent CORAM: SPENDER J PLACE: BRISBANE DATE: 14 DECEMBER 1995 MINUTES OF ORDER THE COURT ORDERS THAT proceedings QG 99 of 1995 are dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) QUEENSLAND DISTRICT REGISTRY ) No. QG 99 of 1995 GENERAL DIVISION ) BETWEEN : RUSSELL GORDON HAIG MATHEWS Applicant AND : GRAHAM RAMSEY First Respondent AND : THE HONOURABLE DOUGLAS PATON DRUMMOND Second Respondent CORAM: Spender J PLACE: Brisbane DATE: 14 December 1995 REASONS FOR JUDGMENT The applicants on this motion, who are the respondents to the principal proceedings, move the court for orders pursuant to O 20 r 2 of the Rules, as varied by O 54 r 6, for the summary disposal by way of dismissal or stay of the principal proceedings. As so varied, O 20 r 2 provides that where in any proceeding it appears to the court that in relation to the proceeding generally or in relation to any claim for relief in the proceeding no reasonable basis for the application is disclosed, the court may order that the proceeding be stayed or dismissed generally or in relation to any claim for relief in the proceeding. The present principal proceedings seek an "order of review of the decision of Drummond J on 31 May 1995" directing the Registrar, who is the first respondent in the principal proceedings, not to accept an application dated 11 May 1995 by Mr Mathews "in the matter of Russell Gordon Haig Mathews v Michael Lavarch, The Attorney-General of the Commonwealth of Australia". Mr Mathews, by an amended application filed on 24 August 1995, applied under the Administrative Decisions (Judicial Review) Act 1977 ('the ADJR Act') and also under s 39B of the Judiciary Act 1903 for an order of review of that decision and for an order of mandamus directed to Mr Ramsey, the District Registrar of the Federal Court in Brisbane, instructing him to accept the application of Mr Mathews. So as to understand the present motion it is necessary to set out some of the relevant history. In proceedings QG180 of 1994 Drummond J, on 18 May 1995, summarily dismissed Mr Mathews's application against five of the respondents in those proceedings and in respect of the sixth ordered that proceedings against her be permanently stayed. The first respondent in those proceedings, a Ms Maddigan, was a person who in July 1989 had complained to the Human Rights and Equal Opportunity Commission of workplace sexual harassment by Mr Mathews. The second and third respondents were her parents. The fifth respondent is the Human Rights Commissioner who conducted the hearing of the complaint of Ms Maddigan. The fourth respondent is a Queensland public servant and the sixth is a Queensland Police Officer.