Piotto v Chief Executive Officer, Services Australia [2023] FCA 1549

Federal Court of Australia

Piotto v Chief Executive Officer, Services Australia [2023] FCA 1549 File number(s): VID 466 of 2021

Judgment of: ANDERSON J

Date of judgment: 7 December 2023

Catchwords: PRACTICE AND PROCEDURE – application for declaratory relief – where no legal foundation for declaratory relief and relief sought is hypothetical – application dismissed.

Legislation: Judiciary Act 1903 (Cth) s 39B

Cases cited: Bass v Permanent Trustee Co Ltd (1999) 198 CLR 334 Kuczborski v Queensland (2014) 254 CLR 51 Piotto v Chief Executive Officer, Services Australia [2020] FCA 976 Truth About Motorways Pty Limited v Macquarie Infrastructure Investment Management Limited (2000) 200 CLR 591 University of New South Wales v Moorhouse (1975) 133 CLR 1

Division: General Division

Registry: Victoria

National Practice Area: Other Federal Jurisdiction

Number of paragraphs: 17

Date of hearing: 2 November 2023

Counsel for the Applicant: The applicant appeared in person

Solicitor for the Respondent: Ms K Latta of Sparke Helmore Lawyers

ORDERS VID 466 of 2021

BETWEEN: LUIGI PIOTTO Applicant

AND: CHIEF EXECUTIVE OFFICER, SERVICES AUSTRALIA Respondent

order made by: ANDERSON J DATE OF ORDER: 7 December 2023

THE COURT ORDERS THAT:

1. The Applicant's claim for relief in his originating application dated 18 August 2021 be dismissed. 2. The Applicant pay the Respondent's costs of, and incidental to, the application, to be fixed by way of an agreed lump sum or, in default of agreement, by way of a lump sum fixed by a Registrar. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.