FEDERAL COURT OF AUSTRALIA

 

Pickering v The Commonwealth [2007] FCA 1471



 


 


 


 


JEFFREY PICKERING v THE COMMONWEALTH

WAD 159 OF 2007

 

FRENCH J

6 SEPTEMBER 2007

PERTH



IN THE FEDERAL COURT OF AUSTRALIA

 

WESTERN AUSTRALIA DISTRICT REGISTRY

WAD 159 OF 2007

 

BETWEEN:

JEFFREY PICKERING

Applicant

 

AND:

THE COMMONWEALTH

Respondent

 

 

JUDGE:

FRENCH J

DATE OF ORDER:

6 SEPTEMBER 2007

WHERE MADE:

PERTH

 

THE COURT ORDERS THAT:

 

1.                  The application for leave to appeal is dismissed.


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



IN THE FEDERAL COURT OF AUSTRALIA

 

WESTERN AUSTRALIA DISTRICT REGISTRY

WAD 159 OF 2007

 

BETWEEN:

JEFFREY PICKERING

Applicant

 

AND:

THE COMMONWEALTH

Respondent

 

 

JUDGE:

FRENCH J

DATE:

6 SEPTEMBER 2007

PLACE:

PERTH


REASONS FOR JUDGMENT

1                      Mr Pickering seeks leave to appeal against a decision of Siopis J made on 17 August 2007.  His Honour dismissed the application on the basis that there was no reasonable prospect of success.  The dismissal order was made under s 31A of the Federal Court Act of Australia Act 1976 (Cth).  Mr Pickering wishes to appeal against that decision and, because it was a decision made under s 31A, requires leave to appeal.  The proposed grounds of appeal in his notice do not disclose any legal basis which would suggest that his appeal would have any prospect of success.  I am therefore going to dismiss the application for leave to appeal.


I certify that the preceding one (1) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice French.



Associate:

Dated:         20 September 2007


 

The applicant appeared in person

 

Counsel for the Respondent:

 

Mr PR Macliver

 

 

Solicitor for the Respondent:

Australian Government Solicitor

 

 

Date of Hearing:

6 September 2007

 

 

Date of Judgment:

6 September 2007