Ioannou v Commonwealth of Australia (Department of Human Services) [2012] FCA 1228

FEDERAL COURT OF AUSTRALIA

Ioannou v Commonwealth of Australia (Department of Human Services) [2012] FCA 1228 Citation: Ioannou v Commonwealth of Australia (Department of Human Services) [2012] FCA 1228

Parties: TOMMY GEORGE IOANNOU v COMMONWEALTH OF AUSTRALIA (DEPARTMENT OF HUMAN SERVICES)

File number: WAD 62 of 2012

Judge: MCKERRACHER J

Date of judgment: 7 November 2012

Catchwords: PRACTICE AND PROCEDURE – application for summary judgment – no reasonable prospect of success – applicant's claims not capable of amounting direct or indirect discrimination on the grounds of disability or victimisation PRACTICE AND PROCEDURE – consideration of relevant factors in deciding whether it was in the interests of justice to grant a further adjournment on medical grounds – whether applicant had conducted proceeding in a manner consistent with sections 37M and 37N of the Federal Court of Australia Act 1976 (Cth) – repeated attempts by the applicant to have inappropriate ex parte communication with chambers – whether respondent would be prejudiced by a further adjournment

Legislation: Federal Court of Australia Act 1976 (Cth) s 31A, 37M 37(N), 43(1) Federal Court Rules 2011 r 26.01

Cases cited: Han v Minister for Immigration and Multicultural Affairs [2006] FCA 1426 John Holland Rail Pty Ltd v Comcare (2011) 276 ALR 221 Manday Investments Pty Ltd v Commonwealth Bank of Australia (No 3) [2012] FCA 751 O'Donoghue v Australian Information Commissioner (No 2) [2012] FCA 1152 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 Spencer v Commonwealth (2010) 241 CLR 118 Tinkler v Elliott [2012] EWCA Civ 1289