Ogawa v Secretary, Department of Education, Science & Training [2005] FCA 1650

FEDERAL COURT OF AUSTRALIA

Ogawa v Secretary, Department of Education, Science & Training [2005] FCA 1650 MEGUMI OGAWA v SECRETARY OF THE DEPARTMENT OF EDUCATION, SCIENCE AND TRAINING and ANOR No QUD 478 of 2005 SPENDER J 15 NOVEMBER 2005 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 478 OF 2005

BETWEEN: MEGUMI OGAWA

APPLICANT

AND: SECRETARY OF THE DEPARTMENT OF EDUCATION, SCIENCE AND TRAINING

FIRST RESPONDENT

MINISTER FOR EDUCATION, SCIENCE AND TRAINING

SECOND RESPONDENT

JUDGE: SPENDER J

DATE OF ORDER: 15 NOVEMBER 2005

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The notice of motion be dismissed for non prosecution. 2. The costs of today be costs in the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 478 OF 2005

BETWEEN: MEGUMI OGAWA

APPLICANT

AND: SECRETARY OF THE DEPARTMENT OF EDUCATION, SCIENCE AND TRAINING

FIRST RESPONDENT

MINISTER FOR EDUCATION, SCIENCE AND TRAINING

SECOND RESPONDENT

JUDGE: SPENDER J

DATE: 15 NOVEMBER 2005

PLACE: BRISBANE

REASONS FOR JUDGMENT 1 This is the return of a notice of motion filed by Megumi Ogawa on 7 November 2005 in which she sought the following orders: '1. That pursuant to O.52 r.15(1) of the Federal Court Rules, the Applicant have leave to file and serve any notice of appeal from the decision of Dowsett J on 21 October 2005 by 23 January 2006; 2. That the hearing and determination of this motion be expedited so that certainty to the Applicant to have sufficient time to write a notice of appeal; 3. That pursuant to O.80 of the Federal Court Rules, the Applicant have assistance for the hearing of this motion, or in the alternative, the Court provide the services of an interpreter to interpret to the applicant in Japanese the conduct of the said proceedings of this motion and to translate from into English any oral submissions which the applicant may wish to make in the course of the said proceedings of this motion; …' 2 The affidavit filed by Ms Ogawa in support of that motion was quite short. It says: