Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gersten v Minister for Immigration & Multicultural Affairs [2000] FCA 1917
JOSEPH GERSTEN & ANOR v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS & ANOR N 996 of 2000
SACKVILLE J 14 DECEMBER 2000 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 996 OF 2000
BETWEEN: JOSEPH GERSTEN
FIRST APPLICANT
ALEX LEE
SECOND APPLICANT
AND: MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
FIRST RESPONDENT
AUSTRALIAN FEDERAL POLICE
SECOND RESPONDENT
JUDGE: SACKVILLE J
DATE OF ORDER: 14 DECEMBER 2000
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The time for filing and service of a notice of motion seeking leave to appeal from the judgment of Whitlam J of 7 July 2000 be extended to 6 December 2000. 2. Leave be granted to Mr Gersten and Mr Lee to appeal from the judgment of Whitlam J of 7 July 2000. 3. The appellants file and serve an amended notice of appeal on or before 21 December 2000. 4. The amended notice of appeal include particulars of the basis upon which it is said that Whitlam J erred in making the finding that Mr Gersten and Mr Lee had engaged in "underhand and disreputable behaviour". 5. The appellants file and serve written submissions on the appeal on the same date that the appellants' written submissions are due in proceedings N 997 of 2000. 6. The respondents file and serve written submissions on the appeal on the same date that the respondents' written submissions are due in proceedings no N 997 of 2000. 7. The parties approach the Registry to organise a date before the end of Term to settle the index to the appeal books. 8. Liberty to apply on 48 hours notice. 9. The first respondent's notice of motion, filed on 17 October 2000, be dismissed. 10. The second respondent's notice of motion, filed on 18 October 2000, be dismissed. 11. The appellants pay the respondents' costs of each of the motions referred to in Orders 9 and 10. 12. The costs of the appellant's motion of 6 December 2000 be costs in the appeal.
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