Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vasiliou v Honourable Justice Marshall [2011] FCA 588 Citation: Vasiliou v Honourable Justice Marshall [2011] FCA 588
Parties: ANDREW VASILIOU and OPTQUEST PTY LTD (ACN 006 828 664) v HONOURABLE JUSTICE SHANE RAYMOND MARSHALL
File number: VID 92 of 2009
Judge: GORDON J
Date of judgment: 31 May 2011
Date of hearing: 30 May 2011
Date of last submissions: 30 May 2011
Place: Melbourne
Division: GENERAL DIVISION
Category: No Catchwords
Number of paragraphs: 14
The First Applicant: The Applicant appeared in person
Counsel for the Respondent: Submitting Appearance
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 92 of 2009
BETWEEN: ANDREW VASILIOU
First Applicant
OPTQUEST PTY LTD (ACN 006 828 664)
Second Applicant
AND: HONOURABLE JUSTICE SHANE RAYMOND MARSHALL
Respondent
JUDGE: GORDON J DATE OF ORDER: 31 MAY 2011 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The application is dismissed. 2. There be no order as to 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 Federal Law Search on the Court's website.
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 92 of 2009
BETWEEN: ANDREW VASILIOU
First Applicant
OPTQUEST PTY LTD (ACN 006 828 664)
Second Applicant
AND: HONOURABLE JUSTICE SHANE RAYMOND MARSHALL
Respondent
JUDGE: GORDON J DATE: 31 MAY 2011 PLACE: MELBOURNE
REASONS FOR JUDGMENT 1 This matter concerns an application filed on 12 February 2009. The first named applicant is a Mr Andrew Vasiliou (who was described as the Guardian and Appointor of the Vasiliou Family Trust) (Mr Vasiliou). The second named applicant is Optquest Pty Ltd (ACN 006 828 664), (as trustee of the Vasiliou Family Trust) (the Second Applicant). The named respondent is described as the "Hon Shane Raymond Marshall (a Federal Court Judge)". The application was supported by an affidavit. 2 As a preliminary matter, I note that the Second Applicant is a company. In Federal Court proceedings, a company must be represented by solicitors unless leave of the Court is granted: see O 4 r 14 of the Federal Court Rules 1979 (Cth) (the Rules). The Second Applicant does not have solicitors on the record and no leave has been granted. However, for the reasons that follow, ultimately that issue may be put to one side.
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