University of New South Wales v Huang [2012] FCA 308

FEDERAL COURT OF AUSTRALIA

University of New South Wales v Huang [2012] FCA 308 Citation: University of New South Wales v Huang [2012] FCA 308

Appeal from: Huang v Abayawickrama [2011] FMCA 235

Parties: UNIVERSITY OF NEW SOUTH WALES v HONG CUI HUANG and CHAMINDA ABAYAWICKRAMA

File number: NSD 482 of 2011

Judge: REEVES J

Date of judgment: 27 March 2012

Catchwords: PRACTICE AND PROCEDURE – appeal from Federal Magistrate's decision not to summarily dismiss an application for failure to comply with default provisions of Rule 13.03B of Federal Magistrates Court Rules 2001 – consideration of matters relevant to appeal court interfering with a discretionary decision – no history of default or continuing default – whether failure to consider case management principles PRACTICE AND PROCEDURE – appeal from Federal Magistrate's decision not to summarily dismiss an application for abuse of process under Rule 13.10(c) of Federal Magistrates Court Rules 2001 – exercise of unconfined discretion – types of conduct to constitute abuse of process – use of affidavits rather than pleadings in the Federal Magistrates Court – difficulties in establishing causes of action from affidavit material – self-represented litigants in the Federal Magistrates Court

Legislation: Disability Discrimination Act 1992 (Cth) Federal Court Rules Federal Court of Australia Act 1976 (Cth) Federal Magistrates Act 1999 (Cth) Federal Magistrates Court Rules 2001 Human Rights and Equal Opportunity Commission Act 1986 (Cth) Racial Discrimination Act 1975 (Cth) Sex Discrimination Act 1984 (Cth) Civil Procedure Act 2005 (NSW)