FEDERAL COURT OF AUSTRALIA

S260 of 2004 v Minister for Immigration & Multicultural & Indigenous Affairs [2005] FCA 367

S260 OF 2004 v MINISTER FOR IMMIGRATION & MULTICULTURAL & INDIGENOUS AFFAIRS

NSD1452 OF 2004

EMMETT J

4 MARCH 2005

SYDNEY

THE COURT ORDERS THAT:

1.         The matter be dismissed pursuant to O 35A r 31(a).

Note:    Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

REASONS FOR JUDGMENT

1                     When this matter was before me on 10 December 2004 I directed the applicants to file and serve any affidavits containing additional evidence to be relied upon by 7 February 2005.  I stood the matter over for directions on 11 February 2005.  On that day I extended the time for filing additional affidavits to 25 February 2005 and stood the matter over for further directions on 4 March 2005.  In the meantime, the solicitors for the applicants have filed a notice of intention to cease acting, supported by an affidavit indicating an apparent lack of preparedness on the part of the applicants to take any step in relation to the preparation of the proceeding.

2                     When the matter was called on for hearing today there was no appearance for the applicants.  The respondent has therefore asked that the matter be dismissed pursuant to O 35A.  Under O 35A r 21(b), an applicant is in default if the applicant fails to attend a directions hearing.  Under O 35A r 31(a), if an applicant is in default the Court may order that the proceeding be dismissed as to the whole or any part of the relief claimed by the applicant.

3                     In the circumstances I propose to accede to the request made on behalf of the respondent that the proceeding be dismissed. 

Associate:

Dated:              6 April 2005