Federal Court of Australia
Federal Court of Australia
ARU17 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FCA 1275 File number(s): QUD 373 of 2021
Judgment of: MEAGHER J
Date of judgment: 24 October 2023
Catchwords: PRACTICE AND PROCEDURE – Pleadings – Amendment – Where applicant seeks to further amend his originating application – Where applicant seeks to amend his interlocutory application for discovery and interrogatories – Whether former Minister should be joined as a party to the proceeding – Whether former Minister should be required to personally answer interrogatories – Application allowed in part
Legislation: Acts Interpretation Act 1901 (Cth) s 20 Migration Act 1958 (Cth) s 501CA(4) Family Law Rules 2004 (Cth) rr 6.02, 6.03 Federal Court Rules 2011 (Cth) rr 1.32, 1.34, 1.35, 9.02, 9.05, 20.23, 21.01, 21.04 Supreme Court Act 1970 (NSW)
Cases cited: ARK16 v Minister for Immigration and Border Protection [2018] FCA 825 BHP Billiton Iron Ore v The National Competition Council (2007) 162 FCR 234; [2007] FCAFC 157 Burstall v Beyfus (1884) 26 Ch D 35 CEU22 v Minister for Home Affairs [2022] FCA 1328 CGA15 v Minister for Home Affairs (2019) 268 FCR 362; [2019] FCAFC 46 Cod v Delap [1906] WN 57 Derham v A M E V Life Insurance Co Ltd (1978) 20 ACTR 23 Gould v National Provincial Bank [1960] Ch 337 Heatley v Newton (1881) 19 Ch D 326 John Alexander's Clubs Pty Ltd v White City Tennis Club Ltd; Walker Corp Pty Ltd v White City Tennis Club Ltd (2010) 241 CLR 1 McLean v Bums Philp Trustee Co Pty Ltd (1985) 2 NSWLR 623 Medich v Bentley-Smythe Pty Ltd [2010] FCA 494 National Companies & Securities Commission v Monsoon Nominees Pty Ltd (1990) 3 ACSR 491 News Ltd v Australian Rugby Football League Ltd (1996) 64 FCR 410 Nicholls v McLeahy (1971) 1 SASR 442 Norwich Pharmaceutical Co v Customs and Excise Commissioners [1974] AC 133 Rigby and Kingston [2020] FamCA 415 Survival & Industrial Equipment (Newcastle) Pty Ltd t/as SIE Liferaft Service v Owners of the Vessel 'Alley Cat' (1992) 36 FCR 129 SZSRR v Minister for Immigration and Border Protection [2017] FCA 328 TWW Yachts v The Yacht "Loretta" (No 3) [2021] FCA 498 Wilson v Church (1878) 9 Ch D 552
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