McKinnon v Commonwealth of Australia [2000] FCA 936

McKinnon v Commonwealth of Australia [2000] FCA 936

Given the age of the proceeding and the need to account for the respondents' interests, the Court would not vacate the hearing or allow unlimited time, but would grant a further limited extension for the applicant's affidavit evidence and a corresponding extension for respondents' further evidence.

Jurisdiction
Australia
Judgment Date
05 July 2000
Procedural Posture
Interlocutory Application to Vary Directions and Hearing Orders / Directions Hearing / Interlocutory Application
Outcome
Limited extension of time granted; application to vacate the hearing and obtain unlimited time not granted; costs reserved.
Legal Topics
['variation of Directions' 'extension of Time for Affidavit Evidence' 'vacating Hearing Dates' 'legal Aid Decision' 'gst Constitutional Challenge']
['civil Procedure' 'federal Court Procedure'] ['variation of Directions' 'extension of Time for Affidavit Evidence' 'vacating Hearing Dates' 'legal Aid Decision' 'gst Constitutional Challenge']

Case Brief

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Procedural Posture

Interlocutory Application to Vary Directions and Hearing Orders / Directions Hearing / Interlocutory Application

Legal Issues

  1. 1 ['Whether orders setting the matter down for hearing and setting affidavit filing times should be varied.' 'Whether the applicant should be allowed unlimited time to file evidence and have the hearing vacated.' 'Whether the Federal Court could review the New South Wales Legal Aid Commission decision in this proceeding.' 'Whether the applicant could seek to restrain GST collection or challenge GST legislation by motion in the present proceeding.']

Ratio Decidendi

Given the age of the proceeding and the need to account for the respondents' interests, the Court would not vacate the hearing or allow unlimited time, but would grant a further limited extension for the applicant's affidavit evidence and a corresponding extension for respondents' further evidence.

Court Disposition

Limited extension of time granted; application to vacate the hearing and obtain unlimited time not granted; costs reserved.

Orders

  • ["The applicant's time for filing affidavit evidence was extended until 25 August 2000." "The respondents' time to file and serve any further evidence upon which they proposed to rely was extended until one week before the date of the hearing." 'Costs were reserved pending the hearing.']