Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Croker v Deputy Registrar of the High Court of Australia [2003] FCA 34
ADMINISTRATIVE LAW – review sought of conduct of Deputy Registrar of the High Court – whether administrative or judicial – whether decision - no ground for review made out – discretionary considerations
Administrative Decisions (Judicial Review) Act 1977 (Cth) ss 5, 6 Judiciary Act 1903 (Cth) s 39B High Court of Australia Act 1979 (Cth) ss 17, 19, 27 Federal Court of Australia Act 1976 (Cth) s 32 High Court Rules 1952 O 69A r 13(1) Federal Court of Australia Regulations 1978 (Cth) subregs 2(1), 2(4) Burns v Australian National University (1982) 40 ALR 707 referred to Queensland Medical Laboratory v Blewett (1988) 84 ALR 615 referred to Federal Airports Corporation v Aerolineas Argentinas (1997) 147 ALR 649 referred to Legal Aid Commission of Western Australia v Edwards (1982) 42 ALR 154 referred to and discussed Kotsis v Kotsis (1970) 122 CLR 69 referred to Letts v Commonwealth of Australia (1985) 62 ALR 517 applied and discussed Little v Registrar of the High Court of Australia (1990) 24 FCR 391 referred to and discussed Northern Territory of Australia v Lane (1995) 59 FCR 332 referred to Attorney-General (Cth) v Queensland (1990) 25 FCR 125 referred to CLAYTON ROBERT CROKER v DEPUTY REGISTRAR OF THE HIGH COURT OF AUSTRALIA & ANOR N 1402 of 2001 ALLSOP J 3 FEBRUARY 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 1402 of 2001
BETWEEN: CLAYTON ROBERT CROKER
APPLICANT
AND: DEPUTY REGISTRAR OF THE HIGH COURT OF AUSTRALIA
FIRST RESPONDENT
GEORGE CHALLONER
SECOND RESPONDENT JUDGE: ALLSOP J
DATE OF ORDER: 3 FEBRUARY 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondents' costs. 3. The second respondent be granted liberty to relist the matter within 7 days to vary order 2. 4. The parties not enter order 2 for a period of 7 days from the date of the making of these orders. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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