Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ugur v Human Rights and Equal Opportunity Commission [2008] FCA 1461
HUMAN RIGHTS AND DISCRIMINATION – application for summary dismissal of proceedings under the Federal Court Act of Australia 1976 (Cth) and Federal Court Rules – whether applicant has no reasonable prospects of successfully prosecuting the proceedings – whether applicant has failed to prosecute the proceedings with due diligence – whether proceedings are an abuse of process
Held: Proceedings dismissed under s 31A(2) of the Federal Court of Australia Act 1976 (Cth) and Order 35A r 2(1)(f) and Order 35A r 3(1)(a) of the Federal Court Rules Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules Guardianship Act 1987 (NSW) Human Rights and Equal Opportunity Commission Act 1986 (Cth) Racial Discrimination Act 1975 (Cth)
Boston Commercial Services Pty Ltd v GE Capital Finance Australasia Pty Ltd (2006) 236 ALR 720; [2006] FCA 1352 Jefferson Ford Pty Ltd v Ford Motor Company of Australia Ltd (2008) 167 FCR 372; [2008] FCAFC 60 JF Keir Pty Ltd v Sparks [2008] FCA 611 Macedonian Teachers' Association of Victoria Inc v Human Rights and Equal Opportunity Commission (1998) 91 FCR 8 Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611; [1999] HCA 21 Paramasivam v University of New South Wales [2007] FCA 875 Sea Culture International Pty Ltd v Scoles (1991) 32 FCR 275 Ugur v Human Rights and Equal Opportunity Commission [2007] FCA 2066 White Industries Aust Ltd v Federal Commissioner of Taxation (2007) 160 FCR 298; [2007] FCA 511
H E O UGUR v HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION and COMMONWEALTH OF AUSTRALIA
NSD 1907 of 2007
JAGOT J
26 SEPTEMBER 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1907 of 2007
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