Burgess v Allsop [2007] FCA 1640

FEDERAL COURT OF AUSTRALIA

Burgess v Allsop [2007] FCA 1640 DARREN JOHN BURGESS v THE HONOURABLE JUSTICE JAMES ALLSOP (A JUDGE OF THE FEDERAL COURT OF AUSTRALIA) NSD 1640 of 2007 JACOBSON J SYDNEY 25 OCTOBER 2007 IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALESDISTRICT REGISTRY 1941 OF 2007

BETWEEN: Darren John Burgess

APPLICANT

AND: The Honourable Justice James Allsop (a Judge of the Federal Court of Australia)

RESPONDENT

JUDGE: Jacobson J DATE OF ORDER: 25 October 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The application be dismissed.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALESDISTRICT REGISTRY 1941 OF 2007

BETWEEN: Darren John Burgess

APPLICANT

AND: The Honourable Justice James Allsop (a Judge of the Federal Court of Australia)

RESPONDENT

JUDGE: Jacobson

DATE: 25 October 2007

PLACE: SYDNEY

REASONS FOR JUDGMENT 1 This matter was called on for first directions at 9.30 this morning. The applicant failed to appear when the matter was called. I stood the proceedings down for a short time in case he was unavoidably delayed, however it is now nearly 9.40 and the applicant has failed to appear. 2 I have power under Order 35A Rule 2(1)(b) and Rule 3(1)(a) of the Federal Court Rules to dismiss the proceedings because the applicant is clearly in default in accordance with the provisions of those rules. 3 I have looked carefully at the application and supporting material and in my view it is appropriate to exercise my power under the rules to order that the proceeding be dismissed. Accordingly I will so order. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.