Sharples v Australian Electoral Commission (No 3) [2008] FCA 63

FEDERAL COURT OF AUSTRALIA

Sharples v Australian Electoral Commission (No 3) [2008] FCA 63

PRACTICE AND PROCEDURE – Federal Court Rules 1979 (Cth) O 80 – Request by party for referral to legal practitioner – referral refused – held that Order 80 confined to proceedings before the Court – held that Order 80 does not extend to making a referral prior to commencement of proceedings – proceedings not properly "commenced" or "carried on" TERRY PATRICK SHARPLES AND THE FISHING PARTY v AUSTRALIAN ELECTORAL COMMISSION, AUSTRALIAN FISHING & LIFESTYLE PARTY, KEVIN COLLINS, WAYNE BAYNE, ALEX WHITTEN, MALCOLM BAIRSTOW AND COMMONWEALTH GOVERNMENT OF AUSTRALIA ACD 53 OF 2007

FLICK J

12 FEBRUARY 2008

sydney IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 53 OF 2007

BETWEEN: TERRY PATRICK SHARPLES

First Applicant

THE FISHING PARTY

Second Applicant

AND: AUSTRALIAN ELECTORAL COMMISSION

First Respondent

AUSTRALIAN FISHING & LIFESTYLE PARTY

Second Respondent

KEVIN COLLINS

Third Respondent

WAYNE BAYNE

Fourth Respondent

ALEX WHITTEN

Fifth Respondent

MALCOLM BAIRSTOW

Sixth Respondent

COMMONWEALTH GOVERNMENT OF AUSTRALIA

Seventh Respondent

JUDGE: FLICK J DATE OF ORDER: 12 FEBRUARY 2008

WHERE MADE: sydney

THE COURT ORDERS THAT:

1. Leave be granted to the First Applicant, Terry Patrick Sharples, to discontinue the proceedings. 2. There be no order as to costs other than the order as to costs made on 11 December 2007. 3. The proceedings be otherwise dismissed.

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

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 53 OF 2007