Matson v Australian Information Commissioner (No 1) [2021] FCA 685

Federal Court of Australia

Matson v Australian Information Commissioner (No 1) [2021] FCA 685 File number(s): QUD 288 of 2020

Judgment of: COLLIER J

Date of judgment: 23 June 2021

Catchwords: PRACTICE AND PROCEDURE – interlocutory application not accepted for filing without leave of the Court – primary proceedings conducted on the papers with consent of parties – judgment reserved in principal proceedings – applicant sought orders for referral certificate for pro bono legal assistance – rule 4.12 Federal Court Rules 2011 (Cth) – model litigant obligations – s37M Federal Court of Australia Act 1976 (Cth) – applicant sought stay of proceedings pending "determination and approval" of legal aid applications – applicant sought stay pending "finding" by Australian Human Rights Commission – leave refused

Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 4.12, 4.13 International Covenant on Civil and Political Rights Arts 7, 9, 14, 17, 23

Cases cited: AMV19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 99 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Brandy v Human Rights & Equal Opportunity Commission [1995] HCA 10, (1995) 183 CLR 245 Dietrich v R (1992) 177 CLR 292 Eastman v Director of Public Prosecutions of the Australian Capital Territory (2003) 214 CLR 318 Finch v Heat Group Pty Ltd [2014] FCA 236 Frigger v Trenfield (No 9) [2021] FCA 652 Fuller v Toms [2012] FCA 27; (2012) 247 FCR 440 Impiombato v BHP Group Limited [2020] FCA 350 Matson v Attorney-General [2020] FCA 1558 Pallas v Minister for Home Affairs [2019] FCAFC 149 Robinson v Commissioner of Police, New South Wales Police Force [2013] FCAFC 64