Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Reihana v Minister for Government Services (No 2) [2022] FCA 1088 File number(s): QUD 122 of 2022 QUD 123 of 2022
Judgment of: COLLIER J
Date of judgment: 15 September 2022
Catchwords: PRACTICE AND PROCEDURE – application for adjournment – whereas applicant seeks hearing to determine competency of his applications be adjourned pending determination of other applications to the High Court of Australia – self-imposed time constraints in pursuing these appeals not relevant – whereas applicant prevented from filing various materials in High Court pursuant to rr 6.07.1 and 6.07.2 of the High Court Rules 2004 (Cth) – whereas Federal Court hearings sought to be adjourned on foot for six weeks – inadequate explanation – application for adjournment refused PRACTICE AND PROCEDURE – objections to the competency of applicant's applications for an extension of time and interlocutory application – alternatively application to summarily dismiss – whether the applicant has standing to bring proceedings under the Administrative Decisions (Judicial Review) Act 1977 (Cth) – applicant unable to establish an interest greater than that of an ordinary member of the public – applications dismissed for want or competency pursuant to r 31.05 (5) Federal Court Rules 2011 (Cth) and under s 31A of the Federal Court Act 1976 (Cth)
Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court of Australia Rules 2011 (Cth) High Court Rules 2004 (Cth)
Cases cited: AON Risk Services Australia Limited v Australian National University [2009] 239 CLR 175 Australian Conservation Foundation Incorporated v The Commonwealth (1980) 146 CLR 493 Australian Vaccination-Risks Network Incorporated v Secretary, Department of Health [2022] FCAFC 135 Australian Vaccination-Risks Network Incorporated v Secretary, Department of Health [2022] FCA 320 Griffith University v Tang (2005) 221 CLR 99 Judiciary Act 1903 (Cth) Przybylowski v Australian Human Rights Commission (No 2) [2018] FCA 473 Zetta Jet Proprietary Limited v The Ship "Dragon Pearl" [2018] FCA 878
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