Kennedy v Anti-Doping Rule Violation Panel [2015] FCA 411

Kennedy v Anti-Doping Rule Violation Panel [2015] FCA 411

Because the proceeding was an appeal from the Administrative Appeals Tribunal and the notice of discontinuance was filed before the hearing of the appeal, the notice was treated as filed under r 33.31 rather than r 26.12; leave was not required and the notice had the effect of an order dismissing the appeal, so the proceeding was concluded.

Jurisdiction
Australia
Judgment Date
05 May 2015
Procedural Posture
Appeal From a Decision of the Administrative Appeals Tribunal / Discontinuance of Appeal Before Hearing
Outcome
Appeal dismissed by operation of the notice of discontinuance; proceeding concluded.
Legal Topics
['appeal From Administrative Appeals Tribunal' 'discontinuance of Appeal' 'federal Court Rules 2011 (cth)']
['practice and Procedure' 'administrative Law'] ['appeal From Administrative Appeals Tribunal' 'discontinuance of Appeal' 'federal Court Rules 2011 (cth)']

Case Brief

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Procedural Posture

Appeal From a Decision of the Administrative Appeals Tribunal / Discontinuance of Appeal Before Hearing

Legal Issues

  1. 1 ["Whether the applicant's notice discontinuing the whole proceeding should be treated under r 26.12 or r 33.31 of the Federal Court Rules 2011 (Cth)." 'Whether leave of the Court was required to discontinue the appeal before hearing.' 'What effect the notice of discontinuance had on the appeal.']

Ratio Decidendi

Because the proceeding was an appeal from the Administrative Appeals Tribunal and the notice of discontinuance was filed before the hearing of the appeal, the notice was treated as filed under r 33.31 rather than r 26.12; leave was not required and the notice had the effect of an order dismissing the appeal, so the proceeding was concluded.

Court Disposition

Appeal dismissed by operation of the notice of discontinuance; proceeding concluded.

Orders

  • ["The applicant's interlocutory application filed on 29 January 2015 was dismissed by consent." 'The costs of the interlocutory application were costs in the cause.' "The notice of discontinuance has the effect of an order of the Court dismissing the applicant's appeal." 'Each party bears their own costs of the...