Collier v Tesoriero [2017] FCA 1497

FEDERAL COURT OF AUSTRALIA

Collier v Tesoriero [2017] FCA 1497

File number(s): ACD 63 of 2017

Judge(s): BROMWICH J

Date of judgment: 15 December 2017

Catchwords: PRACTICE AND PROCEDURE – application for judicial review of decision by Registrar to refuse to accept originating application and supporting affidavit for filing – refusal to accept for filing on basis of apparent duplication of proceedings – held: application for judicial review allowed and decision of Registrar set aside – held: no duplication of proceedings

Legislation: Federal Court Rules 2011 (Cth), rr 1.40, 27.11

Date of hearing: 4 December 2017

Registry: New South Wales

Division: General

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 12

Counsel for the Applicants: The Applicant appeared in person

Counsel for the Respondent: The Respondent filed a submitting notice save as to costs

ORDERS ACD 63 of 2017

BETWEEN: MARION LOUISE COLLIER Applicant

AND: REGISTRAR TONY TESORIERO

Respondent

JUDGE: BROMWICH J DATE OF ORDER: 15 December 2017

THE COURT ORDERS THAT:

1. The application for judicial review of the decision made by the respondent on 10 August 2017 be allowed. 2. The decision of the respondent to refuse to accept for filing the originating application and supporting affidavit lodged by the applicant be set aside. 3. The originating application dated 9 August 2017 and the supporting affidavit of the applicant sworn 9 August 2017 be accepted for filing. 4. Upon acceptance for filing, the originating application dated 9 August 2017 and the supporting affidavit of the applicant sworn 9 August 2017 be transferred to the Federal Circuit Court of Australia pursuant to rr 27.11 and 1.40 of the Federal Court Rules 2011 (Cth). 5. There be no order as to the costs of and incidental to this application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.