Thomas v University of Melbourne (No 3)

The Federal Court was presented with multiple interlocutory applications filed by Mr Thomas against the University of Melbourne and others, stemming from allegations of racial discrimination during his PhD studies. Mr Thomas's conduct during the proceedings was aggressive and confrontational, culminating in his removal from the court building after he objected to the court's jurisdiction and refused to participate further in the proceedings.

The legal issues before the court involved the handling of Mr Thomas's conduct, the determination of the interlocutory applications, and the appropriate procedural steps to take in light of Mr Thomas's behaviour and statements. The court had to decide whether to continue with oral hearings or to determine the applications on the papers, as well as how to address the potential costs associated with Mr Thomas's conduct.

In response to Mr Thomas's aggressive and disruptive behaviour, the court determined that it would not conduct any further oral hearings in relation to the interlocutory applications. Instead, the court would make decisions on the papers, in accordance with s 17(2) of the Federal Court of Australia Act 1976 and r 1.36 of the Federal Court Rules. The court made orders to reserve costs, to adjourn the interlocutory applications indefinitely, and directed Mr Thomas to make written submissions on why the proceedings should not be dismissed and on the further conduct of the proceedings. The respondents and the intervener were also directed to file written submissions.

The court's decision aimed to protect the integrity of the proceedings and ensure that the legal practitioners, parties, and court staff could operate without the fear of intimidation or disruption. The court emphasized that it would not tolerate behaviour that could make others feel unsettled or apprehensive within the courtroom.