Ogawa v Buckingham [2023] FCA 287

Federal Court of Australia

Ogawa v Buckingham [2023] FCA 287 File number: QUD 391 of 2022

Judgment of: RANGIAH J

Date of judgment: 27 March 2023

Catchwords: PRACTICE AND PROCEDURE – where applicant failed to appear – proceeding dismissed

Legislation: Federal Court Rules 2011 (Cth) rr 2.26 and 30.22

Division: General Division

Registry: Queensland

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 7

Date of hearing: 27 March 2023

Counsel for the Applicant: The Applicant did not appear

Counsel for the Respondent: The Respondent filed a submitting notice

ORDERS QUD 391 of 2022

BETWEEN: MEGUMI OGAWA Applicant

AND: MC BUCKINGHAM Respondent

order made by: RANGIAH J DATE OF ORDER: 27 MARCH 2023

THE COURT ORDERS THAT:

1. The proceeding be dismissed in accordance with Rule 30.22 of the Federal Court Rules 2011 (Cth). Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

(DELIVERED EX TEMPORE AND REVISED FROM TRANSCRIPT)

RANGIAH J: 1 On 28 October 2022, the applicant lodged an originating application and supporting affidavit for filing. On 1 November 2022, a Registrar of the Court made a decision refusing to accept these documents for filing pursuant to r 2.26 of the Federal Court Rules 2011 (Cth). 2 On 1 November 2022, the applicant filed an originating application seeking judicial review of the Registrar's decision. The Registrar filed a submitting appearance and has not otherwise taken any part in the proceeding. 3 At a case management hearing on 10 February 2023, the matter was listed for hearing at not before 10.15 am on 27 March 2023. 4 The applicant has not appeared at the hearing. At 1.31 am on 27 March 2023, she sent an email to my Associate concerning proceeding QUD 325 of 2022, which was listed for hearing at 10.15 am on 27 March 2023, indicating that she did not intend to appear. 5 At my request, the Registry sent the applicant an email at 8.44 am on the same day informing the applicant that if she did not attend the hearings listed for today, her proceedings would be dismissed. 6 The applicant did not appear at the hearing. She failed to comply with orders made on 10 February 2022, varied on 14 February 2023, requiring her to file written submissions. She has not provided any reasonable excuse for her failure to appear. 7 The proceeding will be dismissed, pursuant to r 30.22 of the Federal Court Rules. I certify that the preceding seven (7) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Rangiah.