Rahman v Hedge

[2012] FCA 68

FEDERAL COURT OF AUSTRALIA

Rahman v Hedge [2012] FCA 68

Citation:

Rahman v Hedge [2012] FCA 68

Parties:

SHAIKH HAFIZUR RAHMAN v JENNIFER HEDGE, DEPUTY DISTRICT REGISTRAR, FEDERAL COURT OF AUSTRALIA'

File number:

NSD 81 of 2012

Judge:

PERRAM J

Date of judgment:

7 February 2012

Catchwords:

ADMINISTRATIVE LAW – Judicial review – Federal Court Rules r 2.26 – whether Deputy District Registrar properly exercised power to refuse to accept document for filing – whether Deputy District Registrar denied the applicant natural justice – whether Deputy District Registrar failed to exercise power in good faith – whether Deputy District Registrar improperly exercised power

Legislation:

Administrative Decisions (Judicial Review) Act 1977 (Cth)
Competition and Consumer Act 2010 (Cth)

Federal Court Rules 2011 rr 2.26, 31.01

Cases cited:

Buck v Bavone (1976) 135 CLR 110 cited

Fitness Australia Ltd v Copyright Tribunal [2010] FCAFC 148 cited
Minister for Immigration and Multicultural Affairs v Eshetu (1999) 197 CLR 611 cited
Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 51 cited
Satchithanantham v National Australia Bank Ltd (2009) 260 ALR 567; [2009] FCA 1171 cited

Date of hearing:

7 February 2012

Place:

Sydney

Division:

GENERAL DIVISION

Category:

Catchwords

Number of paragraphs:

11

Counsel for the Applicant:

The applicant appeared in person

Counsel for the Respondent:

The respondent did not appear

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 81 of 2012

BETWEEN:	SHAIKH HAFIZUR RAHMAN Applicant
AND:	JENNIFER HEDGE, DEPUTY DISTRICT REGISTRAR, FEDERAL COURT OF AUSTRALIA Respondent

JUDGE:	PERRAM J
DATE OF ORDER:	7 FEBRUARY 2012
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The application be dismissed.

2.There be no order as to costs.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 81 of 2012

BETWEEN:	SHAIKH HAFIZUR RAHMAN Applicant
AND:	JENNIFER HEDGE, DEPUTY DISTRICT REGISTRAR, FEDERAL COURT OF AUSTRALIA Respondent

JUDGE:	PERRAM J
DATE:	7 FEBRUARY 2012
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. Before the Court is an originating application for judicial review of a decision given by the Deputy District Registrar on 3 January 2012.  The application takes the form of a Form 66 and thereby invokes Federal Court Rules r 31.01 which applies to applications under the Administrative Decisions (Judicial Review) Act 1977 (Cth). The decision made by the Deputy District Registrar on 3 January 2012 was a decision that a document prepared by the applicant for the purpose of filing with the Registry should not be accepted by the Registry. That document was a Form 14 and was expressed in terms to be an originating application by a prospective applicant for an order for discovery.

2. Attached to that application was a draft originating application which itself had been presented to the Registry for filing on or around 30 December 2011 and which had been refused for filing too.  The proposed originating application relating to discovery would, if…