Federal Court of Australia
Federal Court of Australia
Kikuyu v Hazzard [2022] FCA 310 File number: NSD 1303 of 2021
Judgment of: LEE J
Date of judgment: 25 March 2022
Date of publication of reasons: 30 March 2022
Catchwords: PRACTICE AND PROCEDURE – representative proceedings pursuant to Pt IVA of Federal Court of Australia Act 1976 (Cth) (Act) – de-classing order – s 33N of the Act – whether all the relief sought can be obtained by means of a proceeding other than a representative proceeding – where only declaratory relief sought – whether in interests of justice to de-class the proceeding – application allowed
Legislation: Federal Court of Australia Act 1976 (Cth) Pt IVA; ss 39N(1), 33N(1)(a), 33N(1)(b), 33N(1)(c), 33N(1)(d)
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 8
Date of hearing: 25 March 2022
Counsel for the Applicant: Mr L P Cavell
Solicitor for the Applicant: Maatouks Law Group
Counsel for the Respondents: Mr T Prince with Mr H Cooper
Solicitor for the Respondents: Crown Solicitor's Office (NSW)
ORDERS NSD 1303 of 2021
BETWEEN: LORETTA KIKUYU Applicant
AND: BRADLEY RONALD HAZZARD, MINISTER FOR HEALTH NSW First Respondent
ELIZABETH KOFF, SECRETARY FOR NSW HEALTH Second Respondent
order made by: LEE J DATE OF ORDER: 25 MARCH 2022
THE COURT ORDERS THAT:
1. Pursuant to s 33N(1) of the Federal Court of Australia Act 1976 (Cth), the proceeding no longer continue as a representative proceeding under Pt IVA. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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