Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Igoe v Major General Michael Ryan AM in his capacity as a Reviewing Authority [2020] FCA 789 File number(s): QUD 163 of 2020
Judge(s): COLLIER J
Date of judgment: 5 June 2020
Catchwords: PRACTICE AND PROCEDURE – interlocutory injunction – ex parte hearing – sentence of imprisonment for 35 days of Australian Defence Force Academy cadet – whether serious question to be tried in respect of decisions of service tribunals under Defence Force Discipline Act 1982 (Cth) – s 39B Judiciary Act 1903 (Cth) – whether injury for which damages not an adequate remedy – balance of convenience
Legislation: Crimes Act 1900 (ACT) Crimes Act 1914 (Cth) – s 17A Defence Force Discipline Act 1982 (Cth) – ss 3(1), 61(3), 70(1)(a) Judiciary Act 1903 (Cth) – s 39B
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57; [2006] HCA 46 R v DeBlaquiere and McDonald SCC 346 of 2011; SCC 405 of 2011 (23 October 2013) R v McDonald and DeBlaquiere [2013] ACTSC 122 Thomas A Edison Ltd v Bullock (1912) 15 CLR 679
Date of hearing: 4 June 2020
Registry: Queensland
Division: General Division
National Practice Area: Other Federal Jurisdiction
Category: Catchwords
Number of paragraphs: 16
Counsel for the Applicant: Russell Clutterbuck
Solicitor for the Applicant: Fisher Dore
Counsel for the Respondents: The Respondents did not appear
ORDERS QUD163 of 2020
BETWEEN: DANIEL MATTHEW IGOE Applicant
AND: MAJOR GENERAL MICHAEL RYAN AM IN HIS CAPACITY AS A REVIEWING AUTHORITY First Respondent
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