Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ELF18 v Minister for Home Affairs [2018] FCA 1368 File number: VID 1078 of 2018
Judge: MORTIMER J
Date of judgment: 3 September 2018
Date of publication of reasons: 7 September 2018
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction requiring the provision to the applicant of urgent medical treatment – duty of care allegedly owed by respondents to applicant brought to Nauru under the Migration Act 1958 (Cth) – principles relevant to the grant of an interlocutory injunction – whether sufficient likelihood of success to justify grant – where the balance of convenience lies – injunction granted to require the respondents to transfer applicant to a location in Australia where she can be provided with urgent medical treatment – failure of respondents to comply with time limit in injunction due to intervention of Government of Nauru – variation of terms of injunction by consent
Legislation: Federal Court of Australia Act 1976 (Cth), ss 37AF, 37AG(1)(a),(c) Migration Act 1958 (Cth), ss 198AD, 198B
Cases cited: EHW18 v Minister for Home Affairs [2018] FCA 1350
Dates of hearing: 1, 3 and 5 September 2018
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 77
Counsel for the Applicant: Mr M Albert (1 and 3 September 2018) Mr A White (1, 3 and 5 September 2018)
Solicitor for the Applicant: Russell Kennedy Lawyers
Counsel for the Respondents: Mr J Forsaith (1 September 2018) Mr C Tran (3 September 2018) Mr D Lukic of the Australian Government Solicitor (5 September 2018)
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