Paramasivam v Randwick City Council (No 2) [2005] FCA 508

FEDERAL COURT OF AUSTRALIA

Paramasivam v Randwick City Council (No 2) [2005] FCA 508

PRACTICE and PROCEDURE – proceedings seeking judicial review of a refusal of a Registrar to issue initiating process following direction by a Judge – arguable case that Registrar took into account irrelevant considerations – no opposition to application – Federal Court Rules O 46 r 7A

Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Federal Court Rules (Cth) O 46 r 7A GAJA LAKSHMI PARAMASIVAM v RANDWICK CITY COUNCIL and OTHERS NSD 124 of 2005 SACKVILLE J SYDNEY 28 APRIL 2005

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 124 of 2005

BETWEEN: GAJA LAKSHMI PARAMASIVAM

APPLICANT

AND: RANDWICK CITY COUNCIL

FIRST RESPONDENT

LANCE GRANT

(a Deputy District Registrar of the Federal Court of Australia)

SECOND RESPONDENT

THE HONOURABLE JUSTICE PETER JACOBSON

(a Judge of the Federal Court of Australia)

THIRD RESPONDENT

JUDGE: SACKVILLE J

DATE OF ORDER: 28 APRIL 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be amended by including a reference in the grounds of the application to s 5(1)(d) of the Administrative Decisions (Judicial Review) Act 1977 (Cth). 2. The decision made by the second respondent on 21 December 2004, to refer to a Judge the discrimination application and the supporting affidavit the applicant seeks to file in the Court, be set aside. 3. The direction made by the third respondent on 23 December 2004, directing the second respondent to refuse to accept the discrimination application and the supporting affidavit, be set aside. 4. The decision of the second respondent, made on 24 December 2004, not to accept the discrimination application and supporting affidavit, be set aside. 5. There be no order as to costs.