EHR18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs

The applicant, EHR18, sought to set aside a notice of discontinuance in proceedings against the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The application was heard by Driver J in the Federal Court of Australia. The dispute arose in circumstances where the applicant's former solicitor's conduct had been the subject of an investigation by the Legal Services Commission of NSW, which ultimately found the complaint to be unsubstantiated.

The central legal issue before the Court was whether the applicant had established sufficient grounds to warrant setting aside the notice of discontinuance, particularly in light of the unsubstantiated complaint against their former legal representative. This required the Court to consider the principles governing the setting aside of notices of discontinuance and the relevance of the applicant's dissatisfaction with their former solicitor's conduct to that determination.

Driver J dismissed the application, reasoning that the applicant had failed to demonstrate any basis for setting aside the notice of discontinuance. The Court found that the unsubstantiated complaint against the former solicitor did not provide a sufficient reason to override the general rule that a party is entitled to discontinue proceedings. The applicant was ordered to pay the Minister's costs and disbursements for the application, fixed at $6,700.