Soames v Secretary, Department of Social Services (No 2)
[2014] FCA 1164
•31 October 2014
FEDERAL COURT OF AUSTRALIA
Soames v Secretary, Department of Social Services (No 2) [2014] FCA 1164
Citation: Soames v Secretary, Department of Social Services (No 2) [2014] FCA 1164 Appeal from: Application for leave to appeal: Soames v Secretary, Department of Social Services [2014] FCA 295 Parties: ANDY SOAMES v SECRETARY, DEPARTMENT OF SOCIAL SERVICES File number: NSD 566 of 2014 Judge: PERRAM J Date of judgment: 31 October 2014 Legislation: Federal Court Rules 2001 (Cth) r 6.01 Cases cited: Soames v Secretary, Department of Social Services (No 2) [2014] FCA 1062 cited Date of hearing: Heard on the papers Date of last submissions: 22 October 2014 Place: Sydney Division: GENERAL DIVISION Category: No Catchwords Number of paragraphs: 5 Solicitor for the Applicant: The applicant is self-represented Solicitor for the Respondent: Mr S Thompson of Sparke Helmore
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
NSD 566 of 2014
BETWEEN: ANDY SOAMES
ApplicantAND: SECRETARY, DEPARTMENT OF SOCIAL SERVICES
Respondent
JUDGE:
PERRAM J
DATE OF ORDER:
31 OCTOBER 2014
WHERE MADE:
SYDNEY
THE COURT ORDERS THAT:
1.No access be granted to this file without the leave of Perram J first being obtained.
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 566 of 2014
BETWEEN: ANDY SOAMES
ApplicantAND: SECRETARY, DEPARTMENT OF SOCIAL SERVICES
Respondent
JUDGE:
PERRAM J
DATE:
31 OCTOBER 2014
PLACE:
SYDNEY
REASONS FOR JUDGMENT
On 1 October 2014 I dismissed Mr Soames’ application for leave to appeal: Soames v Secretary, Department of Social Services [2014] FCA 1054. On 7 October 2014 Jagot J barred Mr Soames from bringing any further appeals, howsoever described, from the Administrative Appeals Tribunal in relation to his disability support pension or certain other entitlements, without the leave of the Court: Soames v Secretary, Department of Social Services (No 2) [2014] FCA 1062.
On the file in the application before me are two affidavits of Mr Soames and a draft notice of appeal. These contain allegations of a lurid kind against a miscellany of people most of whom were not before the Court. In the judgment at [26] I invited the Secretary to consider whether orders should now be made to suppress these scandalous materials. On 22 October 2014 the Secretary duly forwarded submissions seeking suppression of various aspects of the documents.
I am not fully persuaded that the contents of these documents are likely to be damaging to anyone. Although the allegations are colourful and outrageous, it is difficult to see that anyone would take them seriously.
Further, I have doubts whether all of the material pointed to by the Secretary is truly scandalous within the meaning of rule 6.01 of the Federal Court Rules 2001 (Cth) rather than merely hair-raising.
In those circumstances, all I propose to do is to direct that no access be granted to this file without my leave first being obtained.
I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Perram. Associate:
Dated: 31 October 2014
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