Dunstan v Human Rights and Equal Opportunity Commission [2007] FCA 1326

FEDERAL COURT OF AUSTRALIA

Dunstan v Human Rights and Equal Opportunity Commission [2007] FCA 1326

APPEAL – practice and procedure – motion to set aside order by single judge striking out appeal where order already entered – order an exercise of appellate jurisdiction – whether single judge has power to hear motion to set aside – whether jurisdiction to reopen entered order – no rule concerning reopening of entered orders in the exercise of appellate jurisdiction – s 23 Federal Court of Australia Act or Court's inherent jurisdiction not to be used for that purpose – even if Court had jurisdiction to reopen the order it was not appropriate to do so on the facts of the case Federal Court of Australia Act 1976 (Cth), s 23, s 25(2B)(aa), Div 2 of Pt III Federal Court Rules, O 35 r 7, O 52 r 38

Dunstan v Human Rights and Equal Opportunity Commission [2007] FCA 191 related Dunstan v Human Rights and Equal Opportunity Commission (No 2) [2005] FCA 1885 related Australian Fisheries Management Authority v PW Adams Pty Ltd (No 2) (1996) 66 FCR 349 distinguished Copping v ANZ McCaughan Ltd (1997) 67 SASR 525 cited DJL v Central Authority (2000) 201 CLR 226considered Donkin v AGC (Advances) Ltd [1995] FCA 696considered Fox v Commissioner for Superannuation (No 2) (1999) 88 FCR 416 distinguished Haig v Minister Administering the National Parks & Wildlife Act 1974 (1994) 85 LGERA 143(CA (NSW)) referred to Pantzer v Wenkart [2007] FCAFC 27cited Re Luck (2003) 203 ALR 1cited SZISM v Minister for Immigration and Citizenship [2007] FCAFC 61cited Wati v Minister for Immigration and Multicultural Affairs (1997) 78 FCR 543discussed Wentworth v Rogers (No 9) (1987) 8 NSWLR 388referred to Yevad Products Pty Ltd v Brookfield (2005) 147 FCR 282 considered COLIN GEORGE DUNSTAN v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION, HENRY PRICE, DONALD BARTLEY, JOHN GROWDER, GEOFFREY SEYMOUR AND COMMONWEALTH OF AUSTRALIA ACD 4 OF 2006