Ferdinands v Chief of Army [2008] FCA 1865

FEDERAL COURT OF AUSTRALIA

Ferdinands v Chief of Army [2008] FCA 1865

PRACTICE AND PROCEDURE – application for extension of time within which to apply to show cause – application remitted from the High Court – application for writs of certiorari and mandamus – application significantly out of time – factors relevant to grant of an extension of time – impecuniosity itself is not a sufficient reason to grant an extension of time – no prospect of the applicant succeeding – application dismissed PRACTICE AND PROCEDURE – applicant sought to use application to challenge convictions by the Adelaide Magistrates Court and a Defence Force Magistrate – application was an abuse of process – application dismissed Criminal Law Consolidation Act 1935 (SA) Defence Force Discipline Act 1982 (Cth) Ferdinands v The Chief of Army [2003] FCAFC 10 referred to Gallo v Dawson (1990) 93 ALR 479 cited Re Commonwealth; Ex parte Marks (2000) 177 ALR 491 cited TREVOR KINGSLEY FERDINANDS v CHIEF OF ARMY and DEPARTMENT OF DEFENCE

SAD 141 of 2007

LANDER J

3 DECEMBER 2008

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 141 of 2007

BETWEEN: TREVOR KINGSLEY FERDINANDS

Applicant

AND: CHIEF OF ARMY

First Respondent

DEPARTMENT OF DEFENCE

Second Respondent

JUDGE: LANDER J

DATE OF ORDER: 3 DECEMBER 2008

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The application for an extension of time to file the proceeding to show cause be dismissed. 2. The proceeding be dismissed. 3. The applicant pay the respondents' costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website.

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 141 of 2007