Messenger v Commonwealth of Australia [2017] FCA 879

FEDERAL COURT OF AUSTRALIA

Messenger v Commonwealth of Australia [2017] FCA 879 File number(s): TAD 28 of 2017

Judge(s): KERR J

Date of judgment: 2 August 2017

Catchwords: PRACTICE AND PROCEDURE – Federal Court Rules 2011 r 2.32(3) – restriction of access to statement of claim by non-parties – originating application not yet served on Respondents – order restricting access limited until after affected party has notice of relevant matters

Legislation: Federal Court of Australia Act 1979 (Cth), s 17 Federal Court Rules 2011 (Cth), r 2.32

Registry: Tasmania

Division: Fair Work Division

National Practice Area: Employment & Industrial Relations

Category: Catchwords

Number of paragraphs: 3

Table of Corrections

2 August 2017 In Order 2, the words 'First Respondent' have been replaced with 'Second Respondent'. In Order 3, the words 'First Respondent' have been replaced with 'Second Respondent'. In paragraph 1 the words 'First Respondent' have been replaced with 'Second Respondent'. In paragraph 2 the words 'First Respondent' have been replaced with 'Second Respondent'. In paragraph 3 the words 'First Respondent' have been replaced with 'Second Respondent'.

ORDERS TAD 28 of 2017

BETWEEN: ROBERT DESMOND MESSENGER Applicant

AND: COMMONWEALTH OF AUSTRALIA First Respondent

JACQUILINE LOUISE LAMBIE Second Respondent

JUDGE: KERR J DATE OF ORDER: 2 AUGUST 2017

THE COURT ORDERS THAT:

1. Pursuant to r 2.32(3)(b) of the Federal Court Rules 2011 the Statement of Claim be restricted from publication to persons other than parties in this proceeding. 2. Unless extended by further order, this order expires at 4.00 pm on the day following the Second Respondent filing a Notice of Address for Service. 3. Upon the Second Respondent filing a Notice of Address for Service, the Registrar is to advise the Second Respondent of this order. 4. Liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.