Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Conway (a pseudonym) v Secretary, Department of Home Affairs [2024] FCA 1348 File number: VID 211 of 2024
Judgment of: KENNETT J
Date of judgment: 21 November 2024
Catchwords: COSTS – where applicant sought mandamus compelling performance of duty to decide application for visa – where applicant sought habeas corpus – where applicant granted a visa and released from detention, rendering applications moot – where applicant seeks costs – where respondent say claim for habeas corpus bound to fail – when parties may request reasons for a decision from the Court – "rough and ready" approach to costs adopted
Legislation: Federal Court Rules 2011 (Cth) r 26.12
Allergan Australia Pty Ltd v Self Care IP Holdings Pty Ltd (No 2) [2021] FCA 185 Asset Energy Pty Ltd v Commonwealth Minister for Resources [2023] FCA 86 Cases cited: BHFC v Minister for Immigration and Border Protection [2014] FCAFC 25 BHFC v Minister for Immigration and Border Protection [2018] FCA 276 QJKY v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 879 VNPC v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 921
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 24
Date of last submission: 23 July 2024
Date of hearing: Determined on the papers
Counsel for the applicant: M Albert with J Zhou
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