AZO24 v Commonwealth of Australia (No 2)

AZO24 sought leave from the Federal Court to file an interlocutory application and accompanying affidavit in an existing proceeding. The Commonwealth opposed the application for leave. The Court was required to determine whether it was appropriate to grant the applicant leave to file the documents in question. The Court was also required to consider whether it should depart from a previous order which stated that no document be accepted for filing in this proceeding without leave granted by a Judge.

The Court noted that there was no legal or factual basis for the application for leave to be filed. The Court found that the application for leave was an attempt to circumvent a previous order of the Court. The Court held that it was not appropriate to grant the applicant leave to file the documents in question. The Court emphasised the importance of compliance with orders of the Court and that it would not tolerate attempts to undermine its orders.

The Court refused the applicant leave to file the interlocutory application and accompanying affidavit she sought to file on 18 March 2024. The Court emphasised the importance of compliance with orders of the Court and that it would not tolerate attempts to undermine its orders. The Court ordered that no costs be paid by either party in relation to the application for leave.