Federal Court of Australia
Federal Court of Australia
Secretary, Department of Health v Southern Cross Directories Pty Ltd [2021] FCA 1592 File number: QUD 157 of 2020
Judgment of: RANGIAH J
Date of judgment: 20 December 2021
Catchwords: PRACTICE AND PROCEDURE – whether second respondent has legal capacity to defend the proceeding – where medical evidence establishes some cognitive impairment – whether presumption of competence displaced – whether second respondent understands nature and consequences of proceeding – second respondent capable of managing his business affairs – second respondent has engaged with substance and procedure of the proceeding to date –– determined that there is no legal incapacity
Legislation: Evidence Act 1995 (Cth) s 187 Therapeutic Goods Act 1989 (Cth) ss 3 and 42DLB Federal Court Rules 2011 (Cth) rr 9.61, 9.63 and 9.66, Sch 1
Cases cited: Burnett v Browne (No 2) [2021] FCA 373 Dauguet v Centrelink [2015] FCA 1212 Devine Marine Group Pty Ltd v Fair Work Ombudsman [2013] FCA 442 L v Human Rights and Equal Opportunity Commission (2006) 233 ALR 432; [2006] FCAFC 114 Microsoft Corporation v CX Computer Pty Ltd (2002) 116 FCR 372 Owners of Strata Plan No 23007 v Cross (2006) 153 FCR 398 Vishniakov v Lay (2019) 58 VR 375
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