Federal Court of Australia
Federal Court of Australia
DBE17 (by his litigation guardian Marie Theresa Arthur) v Commonwealth of Australia (No 3) [2021] FCA 1584 File number: VID 1392 of 2019
Judgment of: MORTIMER J
Date of judgment: 15 December 2021
Catchwords: PRACTICE AND PROCEDURE – application pursuant to s 33V of the Federal Court of Australia Act 1976 (Cth) to discontinue a Part IVA proceeding – significant legal question determined in separate proceeding in High Court – where respondent supports proposed discontinuance – two formal objections by group members – leave to discontinue granted.
Legislation: Federal Court of Australia Act 1976 (Cth), s 33V Federal Court Rules 2011 (Cth) Migration Act 1958 (Cth)
Cases cited: AJL20 v Commonwealth [2020] FCA 1305; 279 FCR 549 Al-Kateb v Godwin [2004] HCA 37; 219 CLR 562 Clime Capital Ltd v Credit Corp Group Ltd (No 3) [2012] FCA 218 Commonwealth v AJL20 [2021] HCA 21; 95 ALJR 567 DBE17 (by his litigation guardian Marie Theresa Arthur) v Commonwealth [2020] FCA 958 DBE17 (by his litigation guardian Marie Theresa Arthur) v Commonwealth (No 2) [2021] FCA 556 Francis (Trustee) v Oculus Accounting Pty Ltd (No 2) [2021] FCA 1275 Hobbs Anderson Investments Pty Ltd v Oz Minerals Ltd [2011] FCA 801 Kelly v Willmott Forests Ltd (in liq) (No 4) [2016] FCA 323; 335 ALR 439 P Dawson Nominees Pty Ltd v Brookfield Multiplex Ltd (No 4) [2010] FCA 1029 Watson v Maximus Holdings (NSW) Pty Ltd [2021] FCA 87 Wotton v State of Queensland (No 10) [2018] FCA 915
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