Federal Court of Australia
Federal Court of Australia
CEU22 v Minister for Home Affairs [2022] FCA 1328 File number: VID 17 of 2022
Judgment of: SNADEN J
Date of judgment: 9 November 2022
Catchwords: PRACTICE AND PROCEDURE – application for oral interrogation – where orders made for written answers to interrogatories – where interrogatories directed to former office holder of the Ministry for Home Affairs – whether written answers to interrogatories sufficient – whether former Minister party to proceedings – whether respondent undertook reasonable inquiries to answer written interrogatories – whether pt 1 of the Federal Court Rules 2011 (Cth) enlivened – application dismissed
Legislation: Acts Interpretation Act 1901 (Cth) – s 20 Migration Act 1958 (Cth) – s 501 Federal Court Rules 2011 (Cth) – rr 1.32, 1.35, 21.03, 21.04, 21.05
Cases cited: Derham v Amev Life Insurance Co Ltd (1978) 20 ACTR 23 Kerr v Commissioner of Police and Crown Employees Appeal Board [1977] 2 NSWLR 721 McAlister v New South Wales (2014) 223 FCR 1 Minister for Immigration and Multicultural Affairs v Wang (2003) 215 CLR 518 Sharpe v Smail (1975) 5 ALR 377 Tipperary Developments Pty Ltd v Western Australia [2004] WASC 179
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 49
Date of hearing: 31 October 2022
Counsel for the Applicant: Mr D Hooke SC with Mr S Zanotti Stagliorio
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