Goodricke v Comcare [2018] FCA 873

FEDERAL COURT OF AUSTRALIA

Goodricke v Comcare [2018] FCA 873 Appeal from: Goodricke and Comcare (Compensation) [2017] AATA 1249

File number: ACD 64 of 2017

Judge: FLICK J

Date of judgment: 13 June 2018

Catchwords: PRACTICE AND PROCEDURE – security for costs – where Applicant failed to pay security for costs – whether proceeding should be dismissed

Legislation: Safety, Rehabilitation and Compensation Act 1988 (Cth)

Cases cited: Giddings v Australian Information Commissioner [2017] FCAFC 225 Goodricke and Comcare (Compensation) [2017] AATA 1249 Goodricke v Comcare [2011] FCA 694, (2011) 122 ALD 546 Goodricke v Comcare [2015] FCCA 506 Goodricke v Comcare (No 2) [2015] FCA 1401 Re JRL; Ex parte CJL (1986) 161 CLR 342

Date of hearing: 27 March 2018

Registry: Australian Capital Territory

Division: General Division

National Practice Area: Administrative and Constitutional Law and Human Rights

Category: Catchwords

Number of paragraphs: 21

Counsel for the Applicant: The Applicant appeared in person by telephone

Counsel for the Respondent: Mr B Dube of Sparke Helmore

Solicitor for the Respondent: Australian Government Solicitor

ORDERS ACD 64 of 2017

BETWEEN: PETER GOODRICKE Applicant

AND: COMCARE Respondent

JUDGE: FLICK J DATE OF ORDER: 13 JUNE 2018

THE COURT ORDERS THAT:

1. The time by which the Applicant is required to provide security for costs in the sum of $15,000 as previously ordered on 28 November 2017 is extended until 4.00pm on 27 June 2018. 2. In the event that security for costs is not provided as required by Order 1, the proceeding is dismissed. 3. The Applicant is to pay the costs of the Respondent. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.