Recent Cases

Kitoko v Registrar of the Federal Court of Australia [2024] FCAFC 14 (20 February 2024) (Thawley, Cheeseman and Shariff JJ)


Catchwords:


APPEAL – appeal from dismissal of judicial review application challenging Registrar’s decision not to accept interlocutory application (and other documents) for filing – documents not accepted for filing on the basis that the appellate jurisdiction of the Court exhausted – interlocutory application sought to be filed before the orders in the appellate jurisdiction were taken to have been entered – primary judge incorrectly assumed that the orders made in the appellate jurisdiction had been entered – appeal allowed.

PRACTICE AND PROCEDURE – when orders taken to be entered under r 39.32(3) of the Federal Court Rules 2011 (Cth) – orders taken to be entered 14 days after the orders were authenticated unless the Court otherwise directs.