MZAPJ v Minister for Immigration and Anor (No.2)

The applicant, MZAPJ, sought judicial review of a decision made by a Registrar of the Federal Circuit and Family Court of Australia. The dispute concerned the validity and effect of an order made by the Registrar which the applicant contended was made beyond the Registrar's power. The matter came before Judge Riethmuller in the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether an order made by a Registrar in excess of their statutory authority was a nullity, and if so, what procedure was available to correct the court's record to reflect the true legal position. The applicant argued that the Registrar's order was void ab initio and that the court had a duty to correct its own records.

Judge Riethmuller reasoned that an order made by a Registrar beyond their statutory power is a nullity and has no legal effect. The Court affirmed the principle that a court has an inherent power to correct its own records to ensure they accurately reflect its true orders and to remove nullities. The Court distinguished between an order that is merely irregular and one that is void for want of jurisdiction. In this instance, the Registrar's order was found to be void.

The Court ordered that the record of the Court be amended to reflect that the order made by the Registrar on [date of order] was void and of no effect.