Mathews v State of Queensland [2014] FCA 1280

FEDERAL COURT OF AUSTRALIA

Mathews v State of Queensland [2014] FCA 1280 Citation: Mathews v State of Queensland [2014] FCA 1280

Parties: RUSSELL GORDON HAIG MATHEWS v STATE OF QUEENSLAND and CLARK'S LOGAN CITY BUS SERVICE (QLD) PTY LTD

File number: QUD 532 of 2014

Judge: COLLIER J

Date of judgment: 20 November 2014

Catchwords: PRACTICE AND PROCEDURE – originating application under s 39B Judiciary Act 1903 (Cth) – order sought to quash decision of Federal Circuit Court of Australia – order made requiring all parties to appear at directions hearing by telephone or otherwise – no appearance by applicant by telephone or otherwise – interlocutory application by third party to have matter against it dismissed with costs – third party not party to complaint – s 46PO Australian Human Rights Commission Act 1986 (Cth) – jurisdiction to include party if not a party to original complaint – jurisdiction under s 39B Judiciary Act 1903 (Cth) – prospect of success against third party – s 31A(2)(b) Federal Court of Australia Act 1976 (Cth)

Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 46PH, 46PO Federal Court of Australia Act 1976 (Cth) ss 31A, 31A(2)(b), 37AO Judiciary Act 1903 (Cth) s 39B Federal Court Rules 2011 (Cth) rr 9.08, 26.01, 26.01(1)(a)

Cases cited: Bahonko v Sterjov [2007] FCA 359 Ioannou v Hellenic Community Aged Care [2012] FCA 1227 Mathews v State of Queensland [2014] FCA 424 Mathews v State of Queensland [2014] FCA 574 Mathews v State of Queensland [2014] FCCA 1657 Mathews v State of Queensland (No 2) [2014] FCCA 1658 Mathews v State of Queensland (No 3) [2014] FCCA 1977 Mathews v State of Queensland (No 4) [2014] FCCA 1978 O'Donoghue v State of Western Australia [2013] FCA 903 Oshlack v Richmond River Council (1998) 193 CLR 72