Watkins v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCA 841

FEDERAL COURT OF AUSTRALIA

Watkins v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCA 841 Appeal from: Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Watkins (No 2) [2017] FCCA 1325

File number: NSD 1058 of 2017

Judge: RARES J

Date of judgment: 4 July 2017

Legislation: Residential Tenancies Act 2010 (NSW) s 121

Cases cited: Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Watkins (No 2) [2017] FCCA 1325 Uren v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) (No 2) [2017] FCA 759

Date of hearing: 4 July 2017

Registry: New South Wales

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: No Catchwords

Number of paragraphs: 10

Counsel for the Applicant: Mr PE King

Solicitor for the Applicant: Roderick Storie Solicitors

Counsel for the Respondent: Mr DW Rayment

Solicitor for the Respondent: Australian Government Solicitor

ORDERS NSD 1058 of 2017

BETWEEN: LORRAINE WATKINS Applicant

AND: COMMONWEALTH OF AUSTRALIA (AS REPRESENTED BY THE DEPARTMENT OF INFRASTRUCTURE AND REGIONAL DEVELOPMENT) Respondent

JUDGE: RARES J DATE OF ORDER: 4 JULY 2017

THE COURT ORDERS THAT:

1. Upon the Commonwealth by its counsel undertaking to the Court: (a) not to apply for a warrant for possession prior to 24 July 2017; and (b) to grant the applicant reasonable access for a period of 21 days after whichever of the following event first occurs, to remove her and her family's belongings and any livestock, after she vacates, or the warrant is executed to give the Commonwealth possession of, her premises; the application for an interlocutory injunction to restrain the Commonwealth from applying for or executing any warrant for possession be dismissed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.