Bahonko v Nurses Board of Victoria [2006] FCA 1817

FEDERAL COURT OF AUSTRALIA

Bahonko v Nurses Board of Victoria [2006] FCA 1817

PRACTICE AND PROCEDURE – motion for stay – referral by County Court of Victoria to Victorian Civil and Administrative Tribunal ('VCAT') of issue whether a guardian or an administrator should be appointed for the applicant – whether stay should be granted pending outcome of determination of VCAT Guardianship and Administration Act 1986 (Vic) s 66 Judiciary Act 1903 (Cth) s 79 Gordon v Tolcher [2006] HCA 62 cited Guglielmin v Trescowthick (No 3) (2005) 220 ALR 535 considered John Robertson & Co Ltd (in liq) v Ferguson Transformers Pty Ltd (1973) 129 CLR 65 cited Northern Territory v GPAO (1998) 196 CLR 553 cited Pederson v Young (1964) 110 CLR 162 cited STANISLAWA BAHONKO v NURSES BOARD OF VICTORIA AND MINISTER FOR HEALTH BRONWYN PIKE VID 855 OF 2006

MIDDLETON J

20 DECEMBER 2006

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 855 OF 2006

BETWEEN: STANISLAWA BAHONKO

Applicant

AND: NURSES BOARD OF VICTORIA

First Respondent

MINISTER FOR HEALTH BRONWYN PIKE

Second Respondent

JUDGE: MIDDLETON J

DATE OF ORDER: 20 DECEMBER 2006

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. Further proceedings in this matter be stayed until the Victorian Civil and Administrative Tribunal has determined whether an administrator or guardian or both should be appointed for the applicant pursuant to the referral to the Tribunal by the County Court of Victoria on 6 December 2006 in the County Court proceeding number CI-06-02573. 2. Costs of the motion be reserved. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 855 OF 2006

BETWEEN: STANISLAWA BAHONKO