Jenkings v Northern Territory of Australia [2017] FCA 1263

FEDERAL COURT OF AUSTRALIA

Jenkings v Northern Territory of Australia [2017] FCA 1263 File number: NTD 64 of 2016

Judge: WHITE J

Date of judgment: 27 October 2017

Catchwords: PRACTICE AND PROCEDURE – Application for an order striking out the Applicants' pleadings as representative proceeding – r 16.21 of the Federal Court Rules 2011 (Cth) (the FCR) – whether substantial issue common to all claims – in the alternative, application for an order that the proceeding does not continue as a representative proceeding – s 33N(1) of the Federal Court of Australia Act 1976 (Cth) – defence not yet filed – applications refused. PRACTICE AND PROCEDURE – Application for proceedings to be transferred to the Supreme Court of the Northern Territory – s 5(4) of the Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) – application refused. PRACTICE AND PROCEDURE – Application for striking out of particular paragraphs in the statement of claim– rr 16.21, 16.41 of the FCR – particular paragraphs struck out. PRACTICE AND PROCEDURE – Application to intervene in proceedings – prospective intervenors seek amendment of pleadings with the effect that they are included as Group Members of the proceedings – subject to one condition, leave to intervene granted –proposed amendments allowed.

Legislation: Australian Human Rights Commission Act 1986 (Cth) s 46PO Evidence Act 1995 (Cth) s 97 Federal Court of Australia Act 1976 (Cth) ss 33C, 33H, 33N, Pt IVA Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 5(4) Racial Discrimination Act 1975 (Cth) ss 9, 18A Federal Court Rules 2011 (Cth) rr 9.12, 16.21, 16.41 Limitations Act 1981 (NT) ss 3, 5, 44 Supreme Court Act (NT) Supreme Court of the Northern Territory Rules o 18 Youth Justice Act (NT) ss 151, 153(5), 161, 215(4), 215B Youth Justice Regulations (NT)