Federal Court of Australia
Federal Court of Australia
Jajoo v Micheletto [2021] FCA 1238 File number(s): NSD 680 of 2021
Judgment of: STEWART J
Date of judgment: 13 October 2021
Catchwords: ADMINISTRATIVE LAW – application for judicial review of orders of a judge of the Federal Circuit Court – where orders contained a notation referring the applicant solicitor to the Law Society of New South Wales – where primary judge impugned the professional conduct of the applicant – where applicant was neither a party to the proceeding nor the solicitor on record for one of the parties – where applicant was not called to give evidence and was not afforded an opportunity to be heard – denial of procedural fairness – declaration made as to invalidity of the subject notation
Legislation: Federal Court of Australia Act 1976 (Cth) ss 20A(2)(c), 37AF(1), 37AG(1)(a) Judiciary Act 1903 (Cth) s 39B Federal Circuit Court Rules 2001 (Cth) r 10.01(3)(s)
Cases cited: Ainsworth v Criminal Justice Commission [1992] HCA 10; 175 CLR 564 Annetts v McCann [1990] HCA 57; 170 CLR 596 Ashby v Slipper [2014] FCAFC 15; 219 FCR 322 Bale v Mills [2011] NSWCA 226; 81 NSWLR 498 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Moorgate Tobacco Co Ltd v Phillip Morris Ltd [1980] HCA 32; 145 CLR 457 Rafidi v Commonwealth Bank of Australia Ltd [2017] NSWCA 96 Riva NSW Pty Ltd v Fraser & Clancy t/as Fraser Clancy Lawyers [2020] NSWCA 210
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