MS PD v Registrar of the Federal Court of Australia [2021] FCA 1197

Federal Court of Australia

MS PD v Registrar of the Federal Court of Australia [2021] FCA 1197 File number: QUD 264 of 2021

Judgment of: LOGAN J

Date of judgment: 31 August 2021

Catchwords: PRACTICE AND PROCEDURE – application for judicial review of Registrar's decision to not accept the applicant's application for leave to appeal against an interlocutory order – where applicant relied on s 24 of Federal Court of Australia Act 1976 (Cth) – where applicant's application for leave to appeal conformed with r 35.12 of the Federal Court Rules 2011 (Cth) – where no basis for Registrar to refuse the filing of the application – application granted

Legislation: Administrative Decisions Judicial Review Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) s 24 Federal Court Rules 2011 (Cth) r 2.21, r 2.23, r 2.27, r 3.04, r 35.12

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 17

Date of hearing: 31 August 2021

Counsel for the Applicant: The applicant appeared in person

Counsel for the Respondent: The respondent filed a submitting notice, save as to costs

ORDERS QUD 264 of 2021

BETWEEN: MS PD Applicant

AND: REGISTRAR OF THE FEDERAL COURT OF AUSTRALIA Respondent

order made by: LOGAN J DATE OF ORDER: 31 AUGUST 2021

THE COURT ORDERS THAT:

1. The name, as opposed to the assigned pseudonym, of the applicant not be published, save with the leave of the Court or a judge first had and obtained. 2. Any copy of the transcript of the proceeding not be published in a way that records the name, as opposed to the assigned pseudonym, of the applicant without the leave of the Court or a judge first had and obtained. 3. The name of the respondent be amended to Registrar, Federal Court of Australia. 4. The Registrar's decision as made or confirmed on 9 August 2021 not to accept for filing an application for leave to appeal against the Court's order of 22 July 2021 in proceeding VID792/2020 lodged on 4 August 2021 and accompanying documents, be set aside. 5. In lieu thereof, the Registrar is directed to accept forthwith for filing, the application for leave to appeal together with accompanying documents as lodged. 6. The time within which to apply for leave to appeal against the order of 22 July 2021 be extended to the date upon which the application for leave to appeal is accepted for filing pursuant to this order. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.