Federal Court of Australia
Federal Court of Australia
AFF20 v Minister for Home Affairs [2020] FCA 1696 File number: NSD 726 of 2020
Judgment of: GRIFFITHS J
Date of judgment: 24 November 2020
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for appointment of litigation representative under r 9.63 of the Federal Court Rules 2011 (Cth) – interlocutory application granted on the condition that it is served on the applicant
Legislation: Federal Court Rules 2011 (Cth), r 9.63
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 8
Date of hearing: 24 November 2020
Solicitor for the Applicant: Ms C Ford of Carina Ford Immigration Lawyers
Counsel for the Respondent: Ms K Pham
Solicitor for the Respondent: Australian Government Solicitor
ORDERS NSD 726 of 2020
BETWEEN: AFF20 Applicant
AND: MINISTER FOR HOME AFFAIRS Respondent
order made by: GRIFFITHS J DATE OF ORDER: 24 NOVEMBER 2020
THE COURT ORDERS THAT:
1. In this proceeding, the proposed litigation representative identified in the interlocutory application filed on 20 November 2020 only be referred to by the pseudonym EWV20. 2. Subject to order 3, EWV20 be appointed litigation representative on behalf of the applicant in these proceedings as sought by an interlocutory application made on 20 November 2020 under r 9.63 of the Federal Court Rules 2011 (Cth), on the basis that the applicant is currently under a legal incapacity. 3. A copy of the interlocutory application and these orders must be served on the applicant within 48 hours from the date of these orders by email to Sharan Brown, Superintendent of Detention Operations WA, with personal service to then be effected by hand delivery to the applicant by Australian Border Force personnel at Yongah Hill Detention Centre. 4. Liberty to apply on the giving of 48 hours' notice. 5. The case management hearing otherwise be stood over to 9.15am on 8 December 2020. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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