Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Golding v Australian Crime Commission [2014] FCA 1450 Citation: Golding v Australian Crime Commission [2014] FCA 1450
Parties: SIMON GOLDING v AUSTRALIAN CRIME COMMISSION and WILLIAM MCLEAN BOLTON SUED IN HIS CAPACITY AS AN EXAMINER APPOINTED UNDER THE AUSTRALIAN CRIME COMMISSION ACT 2002 (CTH)
File number: QUD 534 of 2014
Judge: DOWSETT J
Date of judgment: 31 October 2014
Catchwords: PRACTICE AND PROCEDURE – jurisdiction – Federal Court of Australia – originating applications – where the applicant seeks leave to file a proposed amended originating application – where the respondent applies for dismissal of the proceedings – where the applicant is charged with drug related offences and seeks damages for a purported compulsory examination conducted by the Australian Crime Commission – where the applicant's claim is based on so-called "common law rights" – whether the Federal Court of Australia has jurisdiction in respect of the claim pursuant to s 39B(1A)(c) of the Judiciary Act 1903 (Cth) – whether the application to amend should be refused for being pointless – whether the proceedings should be dismissed
Legislation: Australian Crime Commission Act 2002 (Cth) Judiciary Act 1903 (Cth)
Cases cited: LNC Industries Limited v BMW (Australia) Limited (1983) 151 CLR 575 X7 v Australian Crime Commission (2013) 248 CLR 92
Date of hearing: 31 October 2014
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 8
Counsel for the Applicant: The Applicant appeared in person
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