A Child (by his next friend, Arthur) v Secretary, Department of Immigration and Citizenship (No 3) [2012] FCA 20

FEDERAL COURT OF AUSTRALIA

A Child (by his next friend, Arthur) v Secretary, Department of Immigration and Citizenship (No 3) [2012] FCA 20 Citation: A Child (by his next friend, Arthur) v Secretary, Department of Immigration and Citizenship (No 3) [2012] FCA 20

Parties: A CHILD (BY HIS NEXT FRIEND, SISTER BRIGID (MARIE) ARTHUR) v SECRETARY, DEPARTMENT OF IMMIGRATION AND CITIZENSHIP, COMMONWEALTH OF AUSTRALIA and MINISTER FOR IMMIGRATION AND CITIZENSHIP

File number: SAD 334 of 2011

Judge: BESANKO J

Date of judgment: 20 January 2012

Catchwords: PRACTICE AND PROCEDURE – application by respondent for hearing of separate question under r 30.1 of the Federal Court Rules 2011 – where trial date fixed prior to application – where no suggestion parties unable to be ready for trial date – whether separation of first issue would increase prospects of settlement of balance of proceedings. Held: The respondent's application is refused.

Legislation: Federal Court Rules 2011 r 30.1 Federal Court Rules Part 28 Migration Act 1958 (Cth) Wrongs Act 1958 (Vic) Part VBA

Cases cited: A Child (by his next friend, Arthur) v Secretary, Department of Immigration and Citizenship [2011] FCA 1497, cited A Child (by his next friend, Arthur) v Secretary, Department of Immigration and Citizenship (No 2) [2011] FCA 1519, cited Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334, cited Reading Australia Pty Ltd v Australian Mutual Provident Society (1999) 217 ALR 495, cited Spirits International B.V. v Federal Treasury Enterprise (FKP) Sojuzplodoimport (2011) IPR 438, cited Woolcock Street Investments Pty Ltd v CDG Pty Ltd (2003) 216 CLR 515, cited