Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
KDSP v Secretary of the Department of Home Affairs [2022] FCA 1406 File number(s): VID 462 of 2022
Judgment of: KENNY J
Date of judgment: 23 November 2022
Catchwords: COURTS – practice and procedure – whether order by a judge of the Federal Circuit and Family Court of Australia (Division 2) to transfer proceeding to the Federal Court of Australia should be confirmed pursuant to s 32AD of the Federal Court of Australia 1976 (Cth) – where judge failed to consider the mandatory criterion "wishes of the parties" and/or denied respondents procedural fairness – transfer not confirmed
Legislation: Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021, r 8.02 Federal Court of Australia Act 1976 (Cth), s 32AD Federal Circuit and Family Court of Australia Act 2021 (Cth), ss 153, 154 Migration Act 1958 (Cth), s 195A
Cases cited: Boensch v Somerville Legal [2021] FCAFC 79; 286 FCR 293 Craig v South Australia [1995] HCA 58; 184 CLR 163 DMI16 v Federal Circuit Court of Australia [2018] FCAFC 95; 264 FCR 454 Hrycenko v Hrycenko [2022] FCAFC 152 Nathanson v Minister for Home Affairs [2022] HCA 26 New South Wales v Kable [2013] HCA 26; 252 CLR 118 Van den Berg v Monash Health [2022] FCA 796
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
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