Rahman v Hedge

Case [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…

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Details
AGLC
Rahman v Hedge [2012] FCA 68
Case
[2012] FCA 68
Decision Date

CaseChat Overview and Summary

The applicant, Mr Rahman, filed an application for judicial review in the Federal Court of Australia, seeking to challenge the decision of the Deputy District Registrar of the Federal Court to refuse to accept a document for filing. The nature of the dispute centred around whether the Deputy District Registrar had properly exercised their power, whether they denied Mr Rahman natural justice, and whether they exercised their power in good faith. The court was required to determine whether the Deputy District Registrar's actions were in accordance with the principles of administrative law, specifically in relation to the exercise of judicial power and adherence to natural justice.

The legal issues in this case centred on the exercise of judicial power by the Deputy District Registrar and whether their actions were in line with the principles of administrative law. The court had to consider whether the Deputy District Registrar properly exercised their power to refuse to accept the document for filing, and whether they denied Mr Rahman natural justice by doing so. Additionally, the court needed to assess whether the Deputy District Registrar exercised their power in good faith and whether their actions were in line with the principles of natural justice.

In its decision, the Federal Court of Australia found that the Deputy District Registrar had properly exercised their power to refuse to accept the document for filing. The court determined that the Deputy District Registrar did not deny Mr Rahman natural justice and that they exercised their power in good faith. The court held that the Deputy District Registrar's actions were in accordance with the principles of administrative law and did not constitute an improper exercise of power. Consequently, the application for judicial review was dismissed, and there was no order as to costs.

Orders

Orders of the court

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.

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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