Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Johnston v Judge Middleton [2019] FCA 966 File number: QUD 248 of 2019
Judge: COLLIER J
Date of judgment: 19 June 2019
Catchwords: PRACTICE AND PROCEDURE – summary dismissal of originating and interlocutory applications at Court's own initiative – Federal Court Rules 2011 (Cth) rr 1.40 and 26.01(1)(a) – case manifestly hopeless – applicant lacks standing
Legislation: Bankruptcy Act 1966 (Cth) ss 5(1), 43, 116(2)(a) Federal Court of Australia Act 1976 (Cth) s 43(2) Federal Court Rules 2011 (Cth) rr 1.40, 26.01(1)(a)
Cases cited: Lion Finance Pty Ltd v Belinda Johnston [2018] FCCA 2745 Mulhern v Morgan [2017] FCA 1183 Picos v Servcorp Ltd [2015] FCA 344 Re Francis; Ex parte Official Trustee in Bankruptcy (1988) 19 FCR 149
Date of hearing: 19 June 2019
Registry: Queensland
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 24
Counsel for the Applicant: The Applicant appeared in person
Counsel for the First Respondent: The First Respondent filed a submitting notice, save as to costs
Counsel for the Third Respondent: The Third Respondent filed a submitting notice, save as to costs
ORDERS QUD 248 of 2019
BETWEEN: DANIEL HADDON JOHNSTON Applicant
AND: JUDGE S MIDDLETON First Respondent
FEDERAL CIRCUIT COURT OF AUSTRALIA Third Respondent
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