Federal Court of Australia
Federal Court of Australia
Palmer v State of Western Australia (No 3) [2020] FCA 1220 File number: QUD 183 of 2020
Judgment of: RANGIAH J
Date of judgment: 25 August 2020
Catchwords: PRACTICE AND PROCEDURE – issue remitted from High Court of Australia – whether intervener requires leave to withdraw – leave to withdraw not required – whether respondents would be prejudiced by withdrawal – where respondents seek rehearing of evidence – rehearing refused
Legislation: Constitution s 92 Judiciary Act 1903 (Cth) ss 44 and 78A Federal Court Rules 1979 (Cth) O 4, r 3 and O 8, r 2 Federal Court Rules 2011 (Cth) rr 8.03, 10.43, 15.07, 18.02, 18.03 and 26.12 High Court Rules 2004 (Cth) r 1.05 Emergency Management Act 2005 (WA)
Cases cited: Allan v Hocking (2006) 15 Tas R 234 Applicant S422 of 2002 v Minister for Immigration and Multicultural and Indigenous Affairs (2004) 138 FCR 151 B & J Engineering Pty Ltd v Daroczy (1984) 4 FCR 524 Bray v F Hoffman-La Roche Ltd (2003) 130 FCR 317 Cheesman v Waters (1997) 77 FCR 221 Fox v Star Newspaper Co Ltd [1898] 1 QB 636
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