XX v Australian Crime Commission (No 2) [2015] FCA 23

XX v Australian Crime Commission (No 2) [2015] FCA 23

The Chief Executive Officer of the Australian Crime Commission, acting as representative of the members of the Board as identified in s 7B of the Australian Crime Commission Act 2002 (Cth), should be joined as a respondent because neither the Board itself is a juristic entity nor was it shown that joinder in this representative capacity was impermissible under the Rules.

Jurisdiction
Australia
Judgment Date
29 January 2015
Procedural Posture
Application for Joinder / Interlocutory
Outcome
Application to join representative of Board allowed.
Legal Topics
['joinder of Parties' 'representative Proceedings']
['practice and Procedure'] ['joinder of Parties' 'representative Proceedings']

Case Brief

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Procedural Posture

Application for Joinder / Interlocutory

Legal Issues

  1. 1 ['Whether the members of the Board of the Australian Crime Commission can be joined as respondents' 'Whether one member can represent all members of the Board in the proceeding' "Relevance of pending application to amend respondents' names"]

Ratio Decidendi

The Chief Executive Officer of the Australian Crime Commission, acting as representative of the members of the Board as identified in s 7B of the Australian Crime Commission Act 2002 (Cth), should be joined as a respondent because neither the Board itself is a juristic entity nor was it shown that joinder in this representative capacity was impermissible under the Rules.

Court Disposition

Application to join representative of Board allowed.

Orders

  • ['The Chief Executive Officer of the Australian Crime Commission representing the members of the Board of the Australian Crime Commission as identified in s 7B of the Australian Crime Commission Act 2002 (Cth) be joined as a respondent to the proceeding.']