Kennedy v Secretary, Department of Industry [2016] FCA 1251

FEDERAL COURT OF AUSTRALIA

Kennedy v Secretary, Department of Industry [2016] FCA 1251 Appeal from: Application for extension of time and leave to appeal: Kennedy v Secretary, Department of Industry [2016] FCA 485

File number: ACD 44 of 2016

Judge: WIGNEY J

Date of judgment: 21 October 2016

Catchwords: ADMINISTRATIVE LAW – application for extension of time and leave to appeal from an interlocutory judgment – judgment of case management judge – where judgment refused an extension of time and adjournment of proceedings – whether there is a satisfactory explanation for the delay – whether the application has reasonable prospects of success – where grounds of appeal not properly particularised – whether there was a denial of procedural fairness – whether the test for confidential information was misapplied – whether the principles to restrain a law firm from acting were misapplied PRACTICE AND PROCEDURE – suppression orders – Federal Court of Australia Act 1976 (Cth) s 37AF – whether suppression orders necessary to prevent prejudice to the proper administration of justice – where exhibits tendered are scandalous and vexatious

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth), s 13 Federal Court of Australia Act 1976 (Cth), ss 24(1A), 25(2), 37AF, 37M Federal Court Rules 2011 (Cth), rr 35.12(2)(d), 35.13, 35.14, 36.01(2), 36.01(2)(c), Fair Work Act 2009 (Cth), ss 394(2), 394(3), 400(1) Judiciary Act 1903 (Cth), s 39B

Cases cited: Assistant Commissioner Condon v Pompano Pty Ltd (2013) 252 CLR 38 Cement Australia Pty Ltd v Australian Competition and Consumer Commission (2010) 187 FCR 261 Corrs Pavey Whiting and Byrne v Collector of Customs (Vic) (1987) 14 FCR 434 Croker v Phillips Electronics Australia Ltd [2000] FCA 1731 Decor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 Fonterra Brands (Australia) Pty Ltd v Viropolous [2013] FCA 657 Grimwade v Meagher [1995] 1 VR 446 Kennedy v Secretary, Department of Industry (No 2) [2015] FCA 884 Kennedy v Secretary, Department of Industry [2015] FCA 714 Minister for Immigration and Border Protection v WZARH (2015) 256 CLR 326 Re Minister for Immigration and Multicultural Affairs; Ex parte Lam (2003) 214 CLR 1 at 14 Rigato Farms Pty Ltd v Ridolfi [2001] 2 Qd R 455 Sharman Licence Holdings Ltd v Universal Music Aust Pty Ltd [2005] FCA 802 TCL Air Conditioner (Zhonghshan) Co Ltd v Castel Electronics Pty Ltd (2014) 232 FCR 361