SZRHG v Minister for Immigration

[2012] FMCA 1241

FEDERAL MAGISTRATES COURT OF AUSTRALIA

SZRHG v MINISTER FOR IMMIGRATION & ANOR [2012] FMCA 1241

MIGRATION – No appearance.

Federal Magistrates Court Rules 2001 (Cth)

Applicant: SZRHG

First Respondent: MINISTER FOR IMMIGRATION & CITIZENSHIP

Second Respondent: LUKE HARDY IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

File Number: SYG 657 of 2012

Judgment of: Raphael FM

Hearing date: 19 December 2012

Date of Last Submission: 19 December 2012

Delivered at: Sydney

Delivered on: 19 December 2012

REPRESENTATION

For the Applicant: No Appearance

Counsel for the First Respondent: Mr T Reilly

Solicitors for the Second Respondent: Sparke Helmore

ORDERS

1. Application dismissed pursuant to Part 13 Rule 13.03C(1)(c) of the Federal Magistrates Court Rules 2001 (Cth).

2. Applicant to pay First Respondent’s costs assessed in the sum of $6,000.00.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT SYDNEY

SYG 657 of 2012

SZRHG

Applicant

And

MINISTER FOR IMMIGRATION & CITIZENSHIP

First Respondent

LUKE HARDY IN HIS CAPACITY AS INDEPENDENT MERITS REVIEWER

Second Respondent

REASONS FOR JUDGMENT

1. In this matter, which is the second time this applicant has appeared before the court, a directions hearing was held on 4 April 2012.  At that time, the applicant was represented.  Orders were made, including an order that the matter be listed for hearing on 30 August 2012 at 10.15am.  It was not heard on that date, because consent orders were signed that adjourned it until 18 December 2012 at 10.15am following correspondence between the parties and the court.  The retainer of the applicant's first solicitors ceased.  Another firm of solicitors became employed.  It was they who negotiated the adjournment. 

2. On 16 November 2012 that firm of solicitors wrote to the applicant providing him with a notice of intention to withdraw as a lawyer, and a copy was filed with this court on 28 November 2012 in accordance with the Federal Magistrates Court Rules 2001 (Cth).[1]  The applicant was advised of these matters by the lawyer, sending the notices by registered post to his last known address which was in Western Australia.

   [1] The ‘Rules’.

3. Although it would appear that the applicant knew that his lawyer was withdrawing from the case in late November, and also knew that the hearing date had been changed from 18 December to 19 December 2012, as found in paragraph 5 of the notice of intention to withdraw, the applicant has not contacted the court nor has he appeared this morning. In those circumstances, I propose to dismiss the matter pursuant to Part 13 Rule 13.03C(1)(c) of the Rules and to order that the applicant pay the first respondent's costs which I assess in the sum of $6,000.00.   

I certify that the preceding three (3) paragraphs are a true copy of the reasons for judgment of Raphael FM

Date:  10 January 2013