Gibbs, D. v Capewell, L. & Ors [1995] FCA 398

Given the unanimous position of the parties and the difficulties outlined, the Court consents to vacate the hearing date and to make further directions by consent.

Jurisdiction: Australia
Judgment Date: 09 June 1995
Procedural Posture: Election Dispute / Application to Vacate Trial Date
Outcome: Orders made by consent, including vacating the trial date
Legal Topics: ['disputed Election' 'aboriginal and Torres Strait Islander Commission Act 1989']

['administrative Law' 'electoral Law'] ['disputed Election' 'aboriginal and Torres Strait Islander Commission Act 1989']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Election Dispute / Application to Vacate Trial Date

Legal Issues

1 ['Whether the trial date for the disputed election challenge should be vacated' 'Practicality and need for directions delaying the hearing of the petition']

Ratio Decidendi

Given the unanimous position of the parties and the difficulties outlined, the Court consents to vacate the hearing date and to make further directions by consent.

Court Disposition

Orders made by consent, including vacating the trial date

Orders

['Hearing date of the petition on 10 July 1995 vacated' 'Orders made in terms of paragraphs 1 to 9 of the circulated draft, by consent']