Federal Court of Australia
Federal Court of Australia
Joy v UGL Operations and Maintenance Pty Limited (No 2) [2022] FCA 1086 File number: WAD 31 of 2021
Judgment of: FEUTRILL J
Date of judgment: 14 September 2022
Catchwords: HUMAN RIGHTS – application to dismiss proceedings under r 5.23 of the Federal Court Rules 2011 (Cth) due to default by the applicant – circumstances and preconditions giving rise to the Court's discretionary exercise of power to dismiss proceedings under r 5.23 – impact of history of non-compliance and impact of delay – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 31A(2), 37M, 37P Federal Court Rules 2011 (Cth) rr 1.61, 5.22, 5.22(d), 5.23, 5.23(1)(b)(i), 16.21, 26.01
Cases cited: Geneva Laboratories Ltd v Prestige Premium Deals Pty Ltd (No 4) [2016] FCA 867; (2016) 120 IPR 133 Joy v UGL Operations and Maintenance Pty Limited [2021] FCA 1282 Lenijamar Pty Ltd v AGC (Advances) Limited (1990) 27 FCR 388 Professional Administration Service Centres Pty Limited v Commissioner of Taxation [2012] FCAFC 180; (2012) 295 ALR 52 Trade Practices Commission v Australian Iron & Steel Pty Ltd (1990) 22 FCR 305
Division: General Division
Registry: Western Australia
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 37
Date of hearing: 21 July 2022
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Mr ND Ellery
Solicitor for the Respondent: Corrs Chambers Westgarth
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