Application by the Planning Ministerial Corporation

In the Federal Circuit and Family Court of Australia, the Planning Ministerial Corporation applied for a default judgment against squatters occupying land in the Northern Territory. The Corporation sought possession of the land and associated orders, including for the squatters to leave the property. The legal issue was whether the Corporation could proceed with the application despite not having named a defendant in the originating application. The court noted that the Corporation, as the registered proprietor, was entitled to seek an order in rem against the land itself, and under rule 6.1A of the Federal Court and Federal Circuit Court of Australia Rules, the Court could dispense with the requirement to name a defendant in such cases. The court found that it had the jurisdiction to make an order in rem, and granted the Corporation’s application, ordering the squatters to vacate the land. The court also ordered that the Corporation pay the costs of the application.