Federal Court of Australia
Federal Court of Australia
Klewer v National Disability Insurance Agency (Litigation Representative) [2020] FCA 1430 File number: NSD 216 of 2020
Judgment of: PERRAM J
Date of judgment: 6 October 2020
Catchwords: PRACTICE AND PROCEDURE – application for stay of proceedings until Applicant appointed litigation representative under r 1.32 of Federal Court Rules 2011 (Cth) ('FCR') – whether Applicant under legal incapacity for purpose of r 9.61 FCR – whether appropriate for Applicant's mother to be appointed litigation representative
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) Federal Court of Australia Act 1976 (Cth) s 37AO Federal Court Rules 2011 (Cth) rr 1.32, 9.61, Sch 1 definition of 'person under a legal incapacity' and 'mentally disabled person'
Cases cited: Application of Klewer [2019] NSWSC 525 Attorney-General (NSW) v Klewer (No 3) [2010] NSWSC 9; 264 ALR 535 Klewer v National Disability Insurance Agency [2020] FCA 161 Klewer and National Disability Insurance Agency [2019] AATA 4974 Owners of Strata Plan No 23007 v Cross [2006] FCA 900; 153 FCR 398
Registry: New South Wales
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 14
Date of hearing: 4 September 2020
Counsel for the Applicant: The Applicant's mother made submissions on his behalf.
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