CRG20 v Minister for Immigration, Citizenship and Multicultural Affairs
[2023] FedCFamC2G 166
Federal Circuit and Family Court of Australia
(DIVISION 2)
CRG20 v Minister for Immigration, Citizenship and Multicultural Affairs [2023] FedCFamC2G 166
File number(s): MLG 1994 of 2020 Judgment of: JUDGE EGAN Date of judgment: 6 March 2023 Catchwords: MIGRATION – Application for change of venue – where no evidence adduced as a reason for change – where listed final hearing of matter only three days away – application dismissed. Legislation: Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) r. 8.01 Division: Division 2 General Federal Law Number of paragraphs: 13 Date of last submission/s: 6 March 2023 Date of hearing: 6 March 2023 Place: Brisbane The Applicant: Self-Represented Litigant Solicitor for the First Respondent: Mills Oakley: Ms Bosnjak The Second Respondent: Submitting appearance, save as to costs ORDERS
MLG 1994 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: CRG20
Applicant
AND: MINISTER FOR IMMIGRATION, CITIZENSHIP AND MULTICULTURAL AFFAIRS
First Respondent
ADMINISTRATIVE APPEALS TRIBUNAL
Second Respondent
order made by:
JUDGE EGAN
DATE OF ORDER:
6 MARCH 2023
THE COURT ORDERS THAT:
1.The name of the First Respondent be amended to read “Minister for Immigration, Citizenship and Multicultural Affairs.”
2.The Application in a Proceeding filed 4 February 2023 be dismissed.
3.The Applicant pay the First Respondent’s costs of and incidental to the Application in a Proceeding fixed in the amount of $1,500.00.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).
REASONS FOR JUDGMENT
Judge Egan
Introduction
The applicant commenced proceedings in this Court by filing an Originating Application for Review on 11 June 2020. The proceedings were filed in the Melbourne Registry of the then Federal Circuit Court of Australia.
On 1 November 2022, the applicant filed an Application in a Proceeding seeking transfer of the matter from the Melbourne Registry of this Court to the Brisbane Registry of this Court. In an affidavit filed in support of that application, the applicant deposed as follows:
“1. MOVING RESIDENTIAL ADDRESS FROM MELBOURNE VICTORIA TO GOLD COAST QUEENSLAND
2. TRANSFER COURT REGISTRY FROM MELBOURNE REGISTRY TO BRISBANE REGISTRY”
On 15 November 2022, a Registrar based in Melbourne ordered that the matter be transferred for hearing in the Brisbane Registry of this Court.
On 21 February 2023, the applicant filed an Application in a Proceeding seeking transfer of the matter from the Brisbane Registry of this Court to the Sydney Registry of this Court. The order sought at Paragraph 6 of Part D of the Application in a Proceeding was as follows:
“1. TRANSFER OF PROCEEDING FROM BRISBANE REGISTRY TO SYDNEY REGISTRY.”
An affidavit of the applicant filed in support of the application was of one paragraph, namely:
“1. TRANSFER COURT REGISRTY FROM BRISBANE REGISTRY TO SYDNEY REGISTRY.”
At the hearing before the Court today, when asked whether the applicant had any further submissions in support of written submissions filed today, the applicant said that he had received an offer of seasonal work somewhere on the New South Wales / Victoria border, and that he therefore wanted to have the proceeding transferred to the closer Sydney Registry.
Rule 8.01 of the Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth) (the Rules) make provision for change of venue applications. Such rule provides as follows:
“8.01 Change of venue
(1) A party who files an application or a response in a proceeding may apply to have the proceeding heard in another registry of the Court.
(2) In considering an application, the Court must have regard to:
(a) the convenience of the parties; and
(b) the limiting of expense and the cost of the proceeding; and
(c) whether the matter has been listed for final hearing; and
(d) any other relevant matter.”
The applicant has not provided any sworn evidence in support of his application for change of venue which would justify an order being made for any venue change. Unlike the affidavit filed in support of the first application for change of venue, no reason was set out in the latest affidavit as to why there ought to be any change.
The Court has noted that the final hearing of the applicant’s application for review is listed for 9 March 2023, only some three days away.
In circumstances where a party has already successfully had an order made in their favour for the transfer of venue, and further in circumstances where no sworn evidence as to why the change of venue was sought, the Court finds it contrary to public policy, and an abuse of the Court’s process, for such an application to be made.
Further, the Court finds:
(a)Any change of venue at this stage of the proceeding would not only inconvenience the lawyers for the first respondent who would necessarily need to readjust their schedules to cater for a later hearing in Sydney, the Court is also inconvenienced in that valuable Court time would be lost and further scheduling arrangements would need to be made should the matter be transferred to the Sydney Registry of this Court.
(b)Any change of venue would have the obvious necessary consequence of increasing the expense and cost of the proceeding.
(c)The final hearing date is only three days away.
(d)The applicant appeared personally in Brisbane on the hearing of the application today. Hence he is obviously in a position to attend Court on Thursday at the final hearing of the matter.
The application for change of venue is without merit and is dismissed.
The Court will hear the parties as to costs.
I certify that the preceding thirteen (13) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Egan. Associate:
Dated: 6 March 2023
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