Matson v Australian Information Commissioner (No 1) [2021] FCA 685

Matson v Australian Information Commissioner (No 1) [2021] FCA 685

Leave to file the interlocutory application is refused as no exceptional circumstances exist to justify reopening the case after judgment was reserved; the applicant is not entitled to a referral certificate under r 4.12; proposed stays pending legal aid determination or AHRC finding lack merit and relevance to the proceedings.

Parties
Applicant: Baron Matson; Respondent: Australian Information Commissioner
Jurisdiction
Australia
Judgment Date
23 June 2021
Procedural Posture
Interlocutory Application Within Judicial Review Proceedings / Application for Leave to File Interlocutory Application (decision on Leave)
Outcome
Leave refused to file interlocutory application; costs order granted as each party to bear own costs of hearing.
Legal Topics
Interlocutory Applications, Leave to File, Stay of Proceedings, Referral for Pro Bono Legal Assistance, Case Management, Model Litigant Obligations
Practice and Procedure Administrative Law Human Rights Law Interlocutory Applications Leave to File Stay of Proceedings Referral for Pro Bono Legal Assistance Case Management +1 more

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Parties

Baron Matson

Applicant

Australian Information Commissioner

Respondent

Procedural Posture

Interlocutory Application Within Judicial Review Proceedings / Application for Leave to File Interlocutory Application (decision on Leave)

Legal Issues

  1. 1 Whether leave should be granted to file an interlocutory application after judgment reserved
  2. 2 Whether a referral certificate for pro bono legal assistance should be issued
  3. 3 Whether proceedings should be stayed pending determination of legal aid applications or Human Rights Commission complaint

Ratio Decidendi

Leave to file the interlocutory application is refused as no exceptional circumstances exist to justify reopening the case after judgment was reserved; the applicant is not entitled to a referral certificate under r 4.12; proposed stays pending legal aid determination or AHRC finding lack merit and relevance to the proceedings.

Court Disposition

Leave refused to file interlocutory application; costs order granted as each party to bear own costs of hearing.

Orders

  • Leave refused to applicant to file the interlocutory application dated 20 June 2021 marked 'MFI-1'.
  • Each party bear their own costs of and incidental to today's hearing in respect of the interlocutory application dated 20 June 2021 marked 'MFI-1'.