Hearing an application for leave to appeal
Two key issues: The respondents' written submissions at paragraph 21 repeat from the judgment that is the subject to the appeal that the judge stated he proposed considering the applicant's amended statement of claim even though it was not filed, in conclusion saying that "No party objected to this course". The respondents' written submissions at paragraph 22 describe how the judge's instruction to the Registrar to not file the applicant's amended statement of claim "alleviated" a "potential unfairness to the Respondents". The first key issue above was an invitation for an oral reply that the applicant did not reveal in written submissions in reply he provided in advance: The Federal Court of Australia Act 1976 describes how Registrars are to be free from external influence in how they perform their duties. Section 35A(4) contains the prohibition on influencing Registrars. The applicant did not know of this section at the time th...