Evans v Superannuation Complaints Tribunal [2002] FCA 79

FEDERAL COURT OF AUSTRALIA

Evans v Superannuation Complaints Tribunal [2002] FCA 79 PRACTICE AND PROCEDURE – joinder of parties – where Superannuation Complaints Tribunal is only named respondent – whether interests of original decision-maker directly affected – whether a necessary party – whether need for real contradictor. Federal Court Rules O 6 r 8 R v Australian Broadcasting Tribunal; ex parte Hardiman (1980) 144 CLR 13 referred to Merit Protection Commissioner v Nonnenmacher (1999) 86 FCR 112 referred to News Ltd v Australian Rugby Football League Ltd (1996) 139 ALR 193 referred to Strickland and Nudding on behalf of the Maduwongga People v Native Title Registrar [1999] FCA 1089 referred to Commonwealth v Human Rights and Equal Opportunity Commission (1998) 152 ALR 182 referred to Geographical Indications Committee v The Honourable Justice O'Connor [2000] FCA 1877 referred to ROGER KEITH EVANS v SUPERANNUATION COMPLAINTS TRIBUNAL A71 of 2001

FINN J CANBERRA 8 FEBRUARY 2002

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A71 OF 2001

BETWEEN: ROGER KEITH EVANS

APPLICANT

AND: SUPERANNUATION COMPLAINTS TRIBUNAL

RESPONDENT

JUDGE: FINN J

DATE OF ORDER: 8 FEBRUARY 2002

WHERE MADE: CANBERRA

THE COURT ORDERS THAT:

1. Pursuant to O 6 r 8 of the Federal Court Rules, the CSS Board be added as the second Respondent to the proceeding. 2. The Applicant pay the CSS Board's costs of this motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A71 OF 2001

BETWEEN: ROGER KEITH EVANS

APPLICANT

AND: SUPERANNUATION COMPLAINTS TRIBUNAL

RESPONDENT