Spencer v Commonwealth of Australia (No 4) [2012] FCA 1142

FEDERAL COURT OF AUSTRALIA

Spencer v Commonwealth of Australia (No 4) [2012] FCA 1142 Citation: Spencer v Commonwealth of Australia (No 4) [2012] FCA 1142

Parties: PETER JAMES SPENCER v COMMONWEALTH OF AUSTRALIA and STATE OF NEW SOUTH WALES

File number: ACD 24 of 2007

Judge: EMMETT J

Date of judgment: 30 August 2012

Date of hearing: 30 August 2012

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 12

Counsel for the applicant: PE King with D Godwin

Solicitor for the applicant: McKells

Counsel for the first respondent: C Lenehan

Solicitor for the first respondent: Australian Government Solicitor

Counsel for the second respondent: A Rao

Solicitor for the second respondent: Crown Solicitor's Office

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION ACD 24 of 2007

BETWEEN: PETER JAMES SPENCER

Applicant

AND: COMMONWEALTH OF AUSTRALIA

First Respondent

STATE OF NEW SOUTH WALES

Second Respondent

JUDGE: EMMETT J DATE OF ORDER: 30 AUGUST 2012 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The motion of 6 May 2011 filed by the applicant be otherwise dismissed. 2. The applicant be granted leave to file any amended interlocutory application relating to the application of 22 August 2012 no later than 30 November 2012. 3. The amended interlocutory application be listed for directions on 14 December 2012. 4. The applicant pay the respondents' costs of today. 5. The parties' costs of the motion of 6 May otherwise be their respective costs in the proceeding. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011