Applicants S57 of 2002 v Refugee Review Tribunal [2003] FCA 1196

Applicants S57 of 2002 v Refugee Review Tribunal [2003] FCA 1196

Given the withdrawal of the applicants' solicitors, failed attempts to contact the first applicant, the second applicant's notice of discontinuance, and the absence of any appearance for the first applicant when the matter was called on for directions, it was appropriate to dismiss the application pursuant to O 10 r 3 of the Federal Court Rules.

Jurisdiction
Australia
Judgment Date
06 June 2003
Procedural Posture
Application Remitted From the High Court of Australia / Directions Hearing; Summary Dismissal
Outcome
Application dismissed pursuant to O 10 r 3(2) of the Federal Court Rules.
Legal Topics
['refugee Review Tribunal' 'remittal From the High Court of Australia' 'withdrawal of Solicitor' 'notice of Discontinuance' 'summary Dismissal for Non Appearance']
['migration Law' 'administrative Law' 'federal Court Procedure'] ['refugee Review Tribunal' 'remittal From the High Court of Australia' 'withdrawal of Solicitor' 'notice of Discontinuance' 'summary Dismissal for Non Appearance']

Case Brief

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Procedural Posture

Application Remitted From the High Court of Australia / Directions Hearing; Summary Dismissal

Legal Issues

  1. 1 ['Whether the application should be dismissed pursuant to O 10 r 3 of the Federal Court Rules when the first applicant did not appear and the second applicant had filed a notice of discontinuance.']

Ratio Decidendi

Given the withdrawal of the applicants' solicitors, failed attempts to contact the first applicant, the second applicant's notice of discontinuance, and the absence of any appearance for the first applicant when the matter was called on for directions, it was appropriate to dismiss the application pursuant to O 10 r 3 of the Federal Court Rules.

Court Disposition

Application dismissed pursuant to O 10 r 3(2) of the Federal Court Rules.

Orders

  • ['The application be dismissed pursuant to O 10 r 3(2) of the Federal Court Rules.' "The first applicant pay the second respondent's costs." 'The second respondent notify the first applicant at her last known address of these Orders and the terms of O 35 r 7(2)(a) of the Federal Court Rules.']