Druett v Department of Families, Community Services & Indigenous Affairs (No 2) [2009] FCA 898

Druett v Department of Families, Community Services & Indigenous Affairs (No 2) [2009] FCA 898

Because Mr Druett had been unsuccessful in the 2007 proceedings, identified no reason why he should receive costs, and could not articulate any jurisdictional basis for the further orders sought in his notice of motion, there should be no order as to costs and the notice of motion should be dismissed. The Department was entitled to be removed as a party because it was not a party to the proceedings before the Tribunal and the Court had previously concluded there was no basis upon which it was properly a party.

Jurisdiction
Australia
Judgment Date
11 August 2009
Procedural Posture
Appeal From a Single Judge of the Federal Court of Australia / Notice of Motion Filed After Summary Dismissal of the Appeal
Outcome
No order as to costs; notice of motion dismissed; Department removed as a party to the proceedings.
Legal Topics
['costs' 'notice of Motion' 'summary Dismissal' 'removal of Party' 'jurisdiction']
['administrative Law' 'federal Court Procedure' 'costs'] ['costs' 'notice of Motion' 'summary Dismissal' 'removal of Party' 'jurisdiction']

Case Brief

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Procedural Posture

Appeal From a Single Judge of the Federal Court of Australia / Notice of Motion Filed After Summary Dismissal of the Appeal

Legal Issues

  1. 1 ['Whether there should be an order as to costs in matter number NSD 751 of 2007.' "Whether Mr Druett's notice of motion filed on 5 August 2009 should be dismissed." "Whether the Court had jurisdiction to make the costs, divorce, care and custody orders sought in Mr Druett's notice of motion." 'Whether the Department of Families, Community Services and Indigenous Affairs should be removed as a party to the proceedings.']

Ratio Decidendi

Because Mr Druett had been unsuccessful in the 2007 proceedings, identified no reason why he should receive costs, and could not articulate any jurisdictional basis for the further orders sought in his notice of motion, there should be no order as to costs and the notice of motion should be dismissed. The Department was entitled to be removed as a party because it was not a party to the proceedings before the Tribunal and the Court had previously concluded there was no basis upon which it was properly a party.

Court Disposition

No order as to costs; notice of motion dismissed; Department removed as a party to the proceedings.

Orders

  • ['There be no order as to costs in matter number NSD 751 of 2007.' 'The notice of motion filed on 5 August 2009 be dismissed.' 'There be no order as to costs in relation to the notice of motion filed on 5 August 2009.' 'The Department of Families, Community Services and Indigenous Affairs be removed as a party to...