ABORIGINAL LEGAL SERVICE LTD v PHILLIPS [1995] NSWCA 5

ABORIGINAL LEGAL SERVICE LTD v PHILLIPS [1995] NSWCA 5

The proceeding should be transferred to the Administrative Law Division for hearing, and the costs of the application for transfer should be determined by the judge who ultimately hears the application.

Parties
Applicant: Aboriginal Legal Service Ltd; Respondent: Phillips
Jurisdiction
Australia
Judgment Date
26 June 1995
Procedural Posture
Application / Transfer of Proceedings
Outcome
application granted
Legal Topics
Transfer of Proceedings, Court Divisions, Costs

Case Brief

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Parties

Aboriginal Legal Service Ltd

Applicant

Phillips

Respondent

Procedural Posture

Application / Transfer of Proceedings

  1. 1 Which Division of the Supreme Court should hear the matter?
  2. 2 How should costs of the transfer application be handled?

Ratio Decidendi

The proceeding should be transferred to the Administrative Law Division for hearing, and the costs of the application for transfer should be determined by the judge who ultimately hears the application.

Court Disposition

application granted

Orders

  • Proceeding transferred to Administrative Law Division
  • Notice of motion transferred to Administrative Law Division