Ugur v Human Rights and Equal Opportunity Commission [2007] FCA 2066

FEDERAL COURT OF AUSTRALIA

Ugur v Human Rights and Equal Opportunity Commission [2007] FCA 2066

PRACTICE AND PROCEDURE – application by party to be joined as respondent where existing respondent intends taking no active part in proceeding because of Hardiman principle – joinder appropriate as party has an interest in proceeding – query application of Hardiman principle Administrative Decisions (Judicial Review) Act 1977 (Cth), s 12 Federal Court Rules, O 6 r 2, O 6 r 8 Commonwealth v Human Rights and Equal Opportunity Commission (1998) 76 FCR 513 cited Commonwealth v Human Rights and Equal Opportunity Commission (1995) 63 FCR 74 cited Peacock v Human Rights and Equal Opportunity Commission [2005] FCAFC 45 referred to R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13 cited H E O UGUR v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION and COMMONWEALTH OF AUSTRALIA NSD 1907 OF 2007

GYLES J

11 DECEMBER 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1907 OF 2007

BETWEEN: H E O UGUR

Applicant

AND: HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION

First Respondent

COMMONWEALTH OF AUSTRALIA

Second Respondent

JUDGE: GYLES J

DATE OF ORDER: 11 DECEMBER 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The Commonwealth of Australia be joined as a respondent in the proceeding on terms that the applicant is not prejudiced as to costs. 2. The applicant has liberty to apply to revoke order 1 once the position in relation to the guardianship order made by the Supreme Court of New South Wales is resolved. 3. The proceeding be stood over for further directions to 18 March 2008 at 9.30 am.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA