Federal Court of Australia
Federal Court of Australia
Khan v Registrar of the Federal Court of Australia [2024] FCA 1148 File number(s): VID 755 of 2024
Judgment of: HESPE J
Date of judgment: 1 October 2024
Catchwords: PRACTICE AND PROCEDURE – application for judicial review of decision of Registrar not to accept notice of appeal for filing – whether purported notice of appeal is an abuse of process – where applicant seeks to appeal decisions of the Victorian Civil and Administrative Tribunal and the Victorian Court of Appeal relating to planning disputes.
Legislation: Australia Act 1986 (Cth) s 2 Australian Human Rights Commission Act 1986 (Cth) sch 2 Corporations Act 2001 (Cth) s 236 Federal Court of Australia Act 1976 (Cth) ss 24, 32 Judiciary Act 1901 (Cth) s 39B Federal Court Rules 2011 (Cth) rr 2.26, 36.02, 36.03 Victorian Civil and Administrative Tribunal Act 1998 (Vic) s 148
Cases cited: Nyoni v Murphy [2018] FCAFC 75; 261 FCR 164
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 23
Date of last submission/s: 25 September 2024
Date of hearing: 17 September 2024
Counsel for the Applicant: The Applicant appeared in person.
Counsel for the Respondent: The Respondent filed a submitting notice.
ORDERS VID 755 of 2024
BETWEEN: ARSHAD ALI KHAN Applicant AND: REGISTRAR OF THE FEDERAL COURT Respondent
order made by: HESPE J DATE OF ORDER: 1 October 2024
THE COURT ORDERS THAT:
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