Pickering v The Commonwealth

[2007] FCA 1471

FEDERAL COURT OF AUSTRALIA

Pickering v The Commonwealth [2007] FCA 1471

JEFFREY PICKERING v THE COMMONWEALTH
WAD 159 OF 2007

FRENCH J
6 SEPTEMBER 2007
PERTH

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD 159 OF 2007

BETWEEN:	JEFFREY PICKERING Applicant
AND:	THE COMMONWEALTH Respondent

JUDGE:	FRENCH J
DATE OF ORDER:	6 SEPTEMBER 2007
WHERE MADE:	PERTH

THE COURT ORDERS THAT:

1.The application for leave to appeal is dismissed.

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY	WAD 159 OF 2007

BETWEEN:	JEFFREY PICKERING Applicant
AND:	THE COMMONWEALTH Respondent

JUDGE:	FRENCH J
DATE:	6 SEPTEMBER 2007
PLACE:	PERTH

REASONS FOR JUDGMENT

1. Mr Pickering seeks leave to appeal against a decision of Siopis J made on 17 August 2007.  His Honour dismissed the application on the basis that there was no reasonable prospect of success.  The dismissal order was made under s 31A of the Federal Court Act of Australia Act 1976 (Cth).  Mr Pickering wishes to appeal against that decision and, because it was a decision made under s 31A, requires leave to appeal.  The proposed grounds of appeal in his notice do not disclose any legal basis which would suggest that his appeal would have any prospect of success.  I am therefore going to dismiss the application for leave to appeal.

I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice French.

Associate:
Dated:        20 September 2007

The applicant appeared in person
Counsel for the Respondent:	Mr PR Macliver
Solicitor for the Respondent:	Australian Government Solicitor
Date of Hearing:	6 September 2007
Date of Judgment:	6 September 2007