Ioannou v Hellenic Community Aged Care [2012] FCA 1227

FEDERAL COURT OF AUSTRALIA

Ioannou v Hellenic Community Aged Care [2012] FCA 1227 Citation: Ioannou v Hellenic Community Aged Care [2012] FCA 1227

Parties: TOMMY GEORGE IOANNOU v HELLENIC COMMUNITY AGED CARE

File number: WAD 71 of 2012

Judge: MCKERRACHER J

Date of judgment: 7 November 2012

Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – no reasonable prospect of success – no jurisdiction for the respondent to be joined as a party because it was not a respondent to the original complaint to the Australian Human Rights Commission – abuse of process – applicant seeking similar relief in a State Court PRACTICE AND PROCEDURE – consideration of relevant factors in deciding whether it was in the interests of justice to grant a request for the adjournment of the proceeding – whether a further adjournment would have any utility – whether the applicant had conducted proceeding in a manner consistent with ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth) – repeated attempts to have inappropriate ex parte communication with chambers – whether the respondent would be prejudiced by a further adjournment

Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO Federal Court of Australia Act 1976 (Cth) ss 37M, 37(N) Federal Court Rules 2011 r 26.01

Cases cited: Australian Associated Motor Insurers Ltd v NRMA Insurance Ltd (2002) 124 FCR 518 John Holland Rail Pty Ltd v Comcar (2011) 276 ALR 221

Date of hearing: Determined on the papers

Date of last submissions: 22 October 2012