FEDERAL COURT OF AUSTRALIA
Ogawa v Finance Minister [2022] FCA 693
Appeal from: Application for appeal to be heard and determined separately from related appeal: Ogawa v Finance Minister [2021] FCA 1666 File number(s): QUD 6 of 2022 Judgment of: DOWNES J Date of judgment: 10 June 2022 Date of publication of reasons: 15 June 2022 Catchwords: PRACTICE AND PROCEDURE – two appeals brought by appellant which relate to same primary decision – both appeals had been listed on date in May to be heard concurrently – May appeal date vacated with both appeals to be heard concurrently in August – appellant applied for one appeal to be heard separately and after determination of related appeal – application dismissed Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Cases cited: Ogawa v Finance Minister [2021] FCA 1666 Division: General Division Registry: Queensland National Practice Area: Administrative and Constitutional Law and Human Rights Number of paragraphs: 14 Date of hearing: 10 June 2022 Counsel for the Appellant: The Appellant appeared in person Counsel for the Respondent: Ms B Griffin Solicitor for the Respondent: Australian Government Solicitor ORDERS
QUD 6 of 2022 BETWEEN: MEGUMI OGAWA
Appellant
AND: FINANCE MINISTER
Respondent
ORDER MADE BY:
DOWNES J
DATE OF ORDER:
10 JUNE 2022
THE COURT NOTES THAT:
1.The parties are to contact the local registry or chambers of the presiding judge (where known) by 3.00 pm on the next business day in the event of any non-compliance with these orders by any party.
2.The parties are to confer as to whether Part C of the Appeal Book will be a joint Part C of the Appeal Book in this matter and in QUD450/2021.
THE COURT ORDERS THAT:
1.Paragraph 1 of the interlocutory application accepted for filing on 20 April 2022 is dismissed.
2.Costs reserved.
3.The matter be listed for hearing before a Full Court in Brisbane during the August 2022 Full Court and appellate sitting period.
4.The hearing be listed consecutively or concurrently with the hearing in matter QUD450/2021.
5.The hearing of both matters be listed for a total estimate of up to one day.
6.The respondent file and serve Parts A and B of the Appeal Book by 27 June 2022.
7.Not later than 4.00pm on 4 July 2022, the appellant file and serve on the respondent an outline of submissions and any chronology of the relevant events.
8.In accordance with Practice Note APP2, not later than 4.00pm 15 business days before the hearing, the respondent file and serve on the appellant an outline of submissions, a chronology of the relevant events and a list of materials to be included in Part C of the Appeal Book.
9.In accordance with Practice Note APP2, not later than 4.00pm 10 business days before the hearing, the appellant file and serve on the respondent any submissions in reply and any response to the list of materials to be included in Part C of the Appeal Book.
10.Not later than 4.00pm 5 business days before the…
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- Case
- [2022] FCA 693
- Decision Date
CaseChat Overview and Summary
The court dismissed the appellant's application to have one appeal heard separately and after the determination of the related appeal. The court found that there was no compelling reason to deviate from the original listing of the appeals to be heard concurrently. The court noted that the appeals were related and that it was in the interests of efficiency and fairness to hear them together. The court also found that the appellant had not demonstrated any prejudice that would result from hearing the appeals concurrently.
The court's orders included the dismissal of the appellant's application to have one appeal heard separately and after the determination of the related appeal. The court also set out detailed directions for the filing and service of documents, including outlines of submissions, chronologies of events, lists of materials, lists of authorities and legislation, and the preparation of a joint bundle of authorities and Appeal Book. The court emphasised the importance of adhering to the specified formatting requirements and deadlines.
The court's decision highlights the importance of considering the interests of efficiency and fairness when determining the listing of related appeals. The court also emphasised the importance of adhering to the specified procedural requirements and deadlines. The orders set out in the decision provide clear guidance to the parties on the steps they need to take in preparation for the hearing of the appeals.
Orders
Orders of the court
1. Paragraph 1 of the interlocutory application accepted for filing on 20 April 2022 is dismissed.
2. Costs reserved.
3. The matter be listed for hearing before a Full Court in Brisbane during the August 2022 Full Court and appellate sitting period.
4. The hearing be listed consecutively or concurrently with the hearing in matter QUD450/2021.
5. The hearing of both matters be listed for a total estimate of up to one day.
6. The respondent file and serve Parts A and B of the Appeal Book by 27 June 2022.
7. Not later than 4.00pm on 4 July 2022, the appellant file and serve on the respondent an outline of submissions and any chronology of the relevant events.
8. In accordance with Practice Note APP2, not later than 4.00pm 15 business days before the hearing, the respondent file and serve on the appellant an outline of submissions, a chronology of the relevant events and a list of materials to be included in Part C of the Appeal Book.
9. In accordance with Practice Note APP2, not later than 4.00pm 10 business days before the hearing, the appellant file and serve on the respondent any submissions in reply and any response to the list of materials to be included in Part C of the Appeal Book.
10. Not later than 4.00pm 5 business days before the hearing, the respondent file and serve on the appellant Part C of the Appeal Book.
11. Each party must file and serve a list of authorities and legislation:
(a) not later than 5 business days before the hearing for the appellant; and
(b) not later than 4 business days before the hearing for the respondent.
12. Outlines of submissions are not to exceed 10 pages in length, including any annexures, and be easily legible using a font size of at least 12 points and one and a half line spacing throughout, including in any footnotes and annexures. Italics or underlining must be used for legislation and case citations and boldface or italics may be used for occasional emphasis.
13. The parties shall confer as to the contents of a joint bundle of authorities and, in accordance with the Special Measures Information Note (SMIN-5), the respondent will provide to the Court, in an electronic format, a joint bundle of authorities and Appeal Book which:
(a) include an index which contains an individual hyperlink to each document included in the index;
(b) comprise only PDF documents which:
(i) are in native format or, where impracticable to be provided in that form, scanned and text searchable format;
(ii) include appropriate bookmarks;
(iii) include as the file name the corresponding tab number in the index followed by a sufficient descriptor of the document or authority;
(c) be provided to the Court in the manner prescribed by the Associates to the Full Court bench.
14. Outlines of submissions and chronologies be prepared in accordance with SMIN-5.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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