NADM v Minister for Immigration and Multicultural Affairs

[2002] FCA 176

FEDERAL COURT OF AUSTRALIA

NADM v Minister for Immigration & Multicultural Affairs [2002] FCA 176

NADM v MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS
N 1668 OF 2001

TAMBERLIN J
SYDNEY
8 MARCH 2002

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N1668 OF 2001

BETWEEN:	NADM APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT
JUDGE:	TAMBERLIN J
DATE OF ORDER:	22 FEBRUARY 2002
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

The application is dismissed with costs.

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	N1668 OF 2001

BETWEEN:	NADM APPLICANT
AND:	MINISTER FOR IMMIGRATION AND MULTICULTURAL AFFAIRS RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	22 FEBRUARY 2002
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. In this matter the applicant was called when the matter came to hearing.  Mr Halligan, who has acted in the past for the applicant has informed me that the applicant was aware of the hearing today.  Mr Halligan applied for leave to discontinue acting as solicitor for the applicant and I granted leave for him to do so.  He said that he had spoken to the applicant and informed the applicant of the hearing date today.  The matter has been called and the applicant has not appeared.  There has been no contact with the Court in relation to this matter on behalf of the applicant.

2. Accordingly, I dismiss the application with costs.  I note that there is provision in the Federal Court Rules, in cases where orders are made for want of appearance, for an applicant to approach the Court to modify that order.  I will, nevertheless, direct that both Mr Halligan and Mr White write to the applicant, informing the applicant of the decision which was made today, at the last known address and notify the applicant of O 35 r 7 which permits an application to be made to set aside or vary a judgment or order which has been made for default for want of appearance.  I direct that a copy of O 35 r 7 be sent by Mr White to the applicant at the last known address.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:            8 March 2002

Solicitor for the Applicant:	Mr Halligan
Counsel for the Respondent:	Mr White
Solicitor for the Respondent:	Sparke Helmore
Date of Hearing:	22 February 2002
Date of Judgment:	22 February 2002