Burgess v Allsop

[2007] FCA 1640

FEDERAL COURT OF AUSTRALIA

Burgess v Allsop [2007] FCA 1640

DARREN JOHN BURGESS v THE HONOURABLE JUSTICE JAMES ALLSOP (A JUDGE OF THE FEDERAL COURT OF AUSTRALIA)
NSD 1640 of 2007

JACOBSON J
SYDNEY
25 OCTOBER 2007

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	1941 OF 2007

BETWEEN:	Darren John Burgess APPLICANT
AND:	The Honourable Justice James Allsop (a Judge of the Federal Court of Australia) RESPONDENT
JUDGE:	Jacobson J
DATE OF ORDER:	25 October 2007
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.   The application be dismissed.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	1941 OF 2007

BETWEEN:	Darren John Burgess APPLICANT
AND:	The Honourable Justice James Allsop (a Judge of the Federal Court of Australia) RESPONDENT

JUDGE:	Jacobson
DATE:	25 October 2007
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This matter was called on for first directions at 9.30 this morning.  The applicant failed to appear when the matter was called.  I stood the proceedings down for a short time in case he was unavoidably delayed, however it is now nearly 9.40 and the applicant has failed to appear.

2. I have power under Order 35A Rule 2(1)(b) and Rule 3(1)(a) of the Federal Court Rules to dismiss the proceedings because the applicant is clearly in default in accordance with the provisions of those rules.

3. I have looked carefully at the application and supporting material and in my view it is appropriate to exercise my power under the rules to order that the proceeding be dismissed.  Accordingly I will so order.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jacobson.

Associate:

Dated:            30 October 2007

Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	25 October 2007
Date of Judgment:	25 October 2007