Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Autistic Association of New South Wales v Dodson [1999] FCA 852
PRACTICE AND PROCEDURE – motion seeking variation of an order of the Court before judgment entered – whether Court should exercise power to vary judgment – whether a costs order in an incompetent proceeding in a matter in which the Court has no jurisdiction under an Act is an order in a proceeding in a matter arising under the Act.
Workplace Relations Act 1996 (Cth) s 347 Federal Court Rules O 35 r 7 The Constitution s 75(v)
Re McJannet; Ex parte The Australian Workers' Union of Employees, Queensland (No 2) (1997) 189 CLR 654 followed Shackley v Australian Croation Club Ltd (1996) 141 ALR 736 cited Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300 cited AUTISTIC ASSOCIATION OF NEW SOUTH WALES v CAROLINE DODSON NG 117 OF 1998 LEE, HILL AND MERKEL JJ 24 JUNE 1999 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 117 OF 1998
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AUTISTIC ASSOCIATION OF NEW SOUTH WALES
Appellant
AND: CAROLINE DODSON
Respondent
JUDGES: LEE, HILL AND MERKEL JJ
DATE OF ORDER: 24 JUNE 1999
WHERE MADE: PERTH
THE COURT ORDERS THAT: The motion be 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 117 OF 1998
ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: AUTISTIC ASSOCIATION OF NEW SOUTH WALES
Appellant
AND: CAROLINE DODSON
Respondent
JUDGES: LEE, HILL AND MERKEL JJ
DATE: 24 JUNE 1999
PLACE: PERTH
REASONS FOR JUDGMENT
THE COURT: 1 On 14 April 1999 this Court gave reasons why the appeal in this matter should be dismissed as incompetent. On 31 May 1999 the appeal was dismissed and an order made in respect of the costs of the proceeding before the Judge below, a proceeding also found by this Court to be incompetent. 2 On 8 June 1999, at which time judgment had not be entered, the appellant filed a notice of motion seeking an order pursuant to O 35 r 7 of the Federal Court Rules, that the Court vary the order made as to costs. The entire submissions of the appellant on the motion were set out in an affidavit sworn by the appellant's solicitor and filed with the motion. No submissions were invited from the respondent and the motion has been dealt with on the papers filed by the appellant.
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