Ferdinands v Chief of Army [2013] FCA 972

FEDERAL COURT OF AUSTRALIA

Ferdinands v Chief of Army [2013] FCA 972 Citation: Ferdinands v Chief of Army [2013] FCA 972

Parties: TREVOR KINGSLEY FERDINANDS v CHIEF OF ARMY

File number: SAD 67 of 2013

Judge: LOGAN J

Date of judgment: 2 August 2013

Catchwords: PRACTICE AND PROCEDURE – interlocutory application for postponement of Full Court appeal from decision of the Defence Force Discipline Appeal Tribunal – appellant unwell and allegedly unable to prepare appeal book – respondent Chief of Army amenable to prepare appeal book – where interests of justice lie Held: application for adjournment dismissed

Legislation: Defence Force Discipline Appeals Act 1955 (Cth) s 52

Date of hearing: 2 August 2013

Place: Brisbane (via video-link to Adelaide)

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 6

Counsel for the Applicant: The applicant appeared in person

Solicitor for the Respondent: Australian Government Solicitor

IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 67 of 2013

BETWEEN: TREVOR KINGSLEY FERDINANDS

Applicant

AND: CHIEF OF ARMY

Respondent

JUDGE: LOGAN J DATE OF ORDER: 2 AUGUST 2013 WHERE MADE: BRISBANe (via video-link to adelaide

THE COURT ORDERS THAT:

1. The application filed on 31 July 2013 be dismissed. 2. The costs of and incidental to the application are to be costs in the appeal. 3. The respondent is to file and serve an appeal book and copies thereof for the use of the Full Court and Mr Ferdinands, in accordance with the index set out in the letter of 26 July 2013 sent from the South Australian Registry of the Federal Court to Mr Ferdinands, by close of business on Monday 5 August 2013. 4. Costs in respect of the preparation of that appeal book are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.