FEDERAL COURT OF AUSTRALIA Atunashvili v Minister for Immigration & Multicultural Affairs [2001] FCA 206 VAJA ATUNASHVILI v MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS N 1061 OF 2000 HELY J 5 MARCH 2001 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY N 1061 OF 2000 BETWEEN: VAJA ATUNASHVILI APPLICANT AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT JUDGE: HELY J DATE OF ORDER: 5 MARCH 2001 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The application be dismissed with costs. 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 N 1061 OF 2000 BETWEEN: VAJA ATUNASHVILI APPLICANT AND: MINISTER FOR IMMIGRATION & MULTICULTURAL AFFAIRS RESPONDENT JUDGE: HELY J DATE: 5 MARCH 2001 PLACE: SYDNEY REASONS FOR JUDGMENT 1 This matter was listed for directions before a registrar on 2 November 2000. It is apparent from the short minutes of order placed with the papers that the applicant was present at that directions hearing as he signed the short minutes of order. Those short minutes record that the matter was listed for hearing at 10.15 am this morning. When the matter was called on there was no appearance for the applicant. I was informed by Mr Lloyd that the respondent's outline of submissions were sent to the applicant at the address noted in the application for an order of review on 28 February 2001 and there has been no contact between the applicant and Mr Lloyd's instructing solicitors since that time. 2 The short minutes of order provided for the applicant to file and serve written submissions five working days prior to the hearing date. An examination of the file indicates that the applicant has not complied with that order. In the circumstances Mr Lloyd seeks an order pursuant to Order 32 rule 2(c) that the proceedings be dismissed. 3 I think it is appropriate that such an order be made. Accordingly I order that the proceedings be dismissed and that the applicant pay the respondent's costs of the proceedings. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Hely. Associate: Dated: 9 March 2001 No appearance by the applicant Counsel for the Respondent: Stephen Lloyd Solicitor for the Respondent: Sparke Helmore Date of Hearing: 5 March 2001 Date of Judgment: 5 March 2001