SBBH v Minister For Immigration & Multicultural & Indigenous Affairs [2002] FCA 684

FEDERAL COURT OF AUSTRALIA

SBBH v Minister For Immigration & Multicultural & Indigenous Affairs [2002] FCA 684

PRACTICE AND PROCEDURE – Solicitors – application to dismiss - standing of respondent to challenge applicant's solicitor's retainer – scope of general retainer in circumstances where client institutes proceedings and then cannot be found – matters upon which solicitors require specific instructions for the purposes of properly conducting the litigation. MIGRATION – Whether solicitors properly instructed to conduct review application. Federal Court Rules, O 32 r 2(1)(c), O 45 r 7 Judiciary Act 1903 (Cth), s 39B Migration Act 1958 (Cth) Chisholm v State Transport Authority (1986) 41 SASR 37 – referred to Ghazal v Government Insurance Office of New South Wales (1992) 29 NSWLR 336 – referred to KM & A Chadwick Pty Ltd v Yeung [1995] FCA 354 McAusland v Commissioner of Taxation (1994) 47 FCR 369 – referred to Minister Administering the Crown Lands (Consolidation Act and Wester Lands Act v Tweed Byron Aboriginal Lands Council (1990) 71 LGRA 201 – referred to R v Hickman; Ex parte Fox and Clinton (1945) 70 CLR 598 – referred to Richmond v Branson & Son [1914] 1Ch 968 – referred to Sammy Russo Meat Supplies Pty Ltd v Australian Safeway Stores Pty Ltd [1999] FCA 1381 – referred to Thompson v Howley [1977] 1 NZLR 16 – referred to White Industries Qld) Pty Ltd v Flower & Hart (a firm) (1998) 156 ALR 169 – cited Young v Toynbee [1910] 1 KB 215 – discussed SBBH v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS S.14 of 2002 MANSFIELD J 30 MAY 2002 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S.14 OF 2002

BETWEEN: SBBH

APPLICANT

AND: MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

RESPONDENT

JUDGE: MANSFIELD J