Caratti v Commissioner of the Australian Federal Police & Anor

[2018] HCATrans 207

[2018] HCATrans 207

IN THE HIGH COURT OF AUSTRALIA

Office of the Registry
  Sydney  No S147 of 2018

B e t w e e n -

ALLEN CARATTI

Plaintiff

and

COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE

First Defendant

FEDERAL COURT OF AUSTRALIA AND JUDGES THEREOF

Second Defendant

GORDON J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON WEDNESDAY, 10 OCTOBER 2018, AT 9.29 AM

Copyright in the High Court of Australia

HER HONOUR:   On 4 June 2018, the plaintiff filed an application for an order to show cause seeking relief in the nature of certiorari, mandamus and prohibition.

The plaintiff’s show cause application was filed outside of the time limits prescribed in rule 25.06.1 and rule 25.07.2 of the High Court Rules 2004 (Cth). The plaintiff applied for an enlargement of time or for dispensation from compliance with those rules.

On 2 July 2018, the first defendant filed a summons seeking orders that the proceedings be dismissed or otherwise permanently stayed as an abuse of process.

On 11 September 2018, the plaintiff filed a summons seeking, among other orders, an enlargement of time in relation to his show cause application; leave to join a defendant to the proceedings; and that the show cause application and the first defendant’s summons be referred for hearing by a Full Court of this Court.

The plaintiff’s summons filed on 11 September 2018 should be dismissed; the plaintiff’s application for an enlargement of time, or for dispensation from compliance with the relevant High Court Rules should be refused; the plaintiff’s application for an order to show cause should be otherwise dismissed; and the plaintiff must pay the defendants’ costs.

I publish my reasons.

AT 9.30 AM THE MATTER WAS CONCLUDED