Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McDonald v Colbran (No 2) [2020] FCA 470 File number: SAD 51 of 2019
Judge: CHARLESWORTH J
Date of judgment: 9 April 2020
Catchwords: PRACTICE AND PROCEDURE – order under r 39.03 of the Federal Court Rules 2011 (Cth) for stay of future proceedings against the respondent of limited kind should a costs order not be satisfied – order limited in scope – no suggestion of impecuniosity – order justified where litigant has previously demonstrated an unwillingness to accept prior judgments and where the order may be revoked should circumstances change
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) rr 2.26, 2.27, 39.03, 39.05, 40.04
Cases cited: Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Clone Pty Ltd v Players Pty Ltd (2018) 264 CLR 165 Cox v Journeaux (No 2) (1935) 52 CLR 713 McDonald v Colbran [2019] FCA 1937 McDonald v South Australia [2011] FCA 297 Oshlack v Richmond River Council (1998) 193 CLR 72 Rozenblit v Vainer (2018) 262 CLR 478
Date of hearing: 12 March 2020
Registry: South Australia
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 47
Counsel for the Applicants: The Applicants appeared in person
Counsel for the Respondent: Ms G Walker
ORDERS SAD 51 of 2019
BETWEEN: FRANCIS THOMAS MCDONALD First Applicant
RHODA MCDONALD Second Applicant
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