Federal Court of Australia
Federal Court of Australia
AYZ v State of Western Australia (Department of Justice, Corrective Services) (No 2) [2022] FCA 1540 File number: WAD 224 of 2022
Judgment of: BANKS-SMITH J
Date of judgment: 16 December 2022
Date of publication of reasons: 19 December 2022
Catchwords: HUMAN RIGHTS - prospective applicants minors and so under a legal incapacity - appointment of litigation representatives under r 9.63(1) of Federal Court Rules 2011 (Cth) - requirement that litigation representative be party, parent or guardian - where one prospective applicant in care of Department of Communities since 3 years old - where Chief Executive Officer of Department has parental responsibility - where no party, parent or guardian seeks to bring application for appointment of litigation representative - whether carer within definition of those who may bring application - whether appropriate for the Court to dispense with requirement that application be brought by party, parent or guardian - whether appropriate in the circumstances for Court to exercise power to appoint litigation representative of its own initiative - orders made
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AF, 37AG Federal Court Rules 2011 (Cth) ss 1.34, 1.40, 9.61, 9.62, 9.63, 9.65, Schedule 1, Division 9.6 Children and Community Services Act 2004 (WA) ss 29, 54, 57
Cases cited: AYZ v State of Western Australia (Department of Justice, Corrective Services) [2022] FCA 1286 CDN16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 699 Drummond v Canberra Institute of Technology [2020] FCAFC 131; (2020) 278 FCR 436 Drummond v Canberra Institute of Technology (No 3) [2022] FCAFC 169 Hudson v Minister for Immigration and Citizenship [2012] FCAFC 23 Kaur v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 1469 L v Human Rights and Equal Opportunity Commission [2006] FCAFC 114
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