Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gersten v Minister for Immigration & Multicultural Affairs [1999] FCA 449
MIGRATION - application to set aside and vacate earlier orders dismissing an application for judicial review - whether in all of the circumstances the orders should be set aside - application dismissed due to non-appearance at directions hearing - substantive proceedings concerned with the constitutional validity of Part 8 Migration Act 1958 (Cth) - whether issue purely hypothetical - effect of High Court proceedings dealing with the same issue - appropriateness of the Court considering the validity of legislation in the abstract - whether any purpose served by the continuation of the proceedings - costs - question of costs when supervening event renders proceedings hypothetical - whether ordinary principle that each party bear their own costs should be applied. Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 143 ALR 1 James v South Australia (1927) 40 CLR 1
JOSEPH GERSTEN v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS NG 688 OF 1997 MOORE J 15 APRIL 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 688 OF 1997
BETWEEN: JOSEPH GERSTEN
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
Respondent
JUDGE: MOORE J
DATE OF ORDER: 15 APRIL 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. Order 2 of the orders made on 10 February 1999 is set aside. 2. Otherwise the notice of motion filed 16 February 1999 is dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 688 OF 1997
BETWEEN: JOSEPH GERSTEN
Applicant
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
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