CWW17 v Minister for Home Affairs

1. Pursuant to r 39.05(h) of the Federal Court Rules 2011 (Cth) (the "slip rule"), the words "with costs" be inserted into Order 2 of the orders of the Court made on 28 February 2019 following the word "dismissed".
2. A corresponding change be made to the statement of those orders in CWW17 v Minister for Home Affairs [2019] FCA 264 at [24]. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

ALLSOP CJ: 1 This matter was a purported appeal from orders made by a judge of the Federal Circuit Court of Australia on 1 August 2018, dismissing an application to set aside orders made by the same judge on 26 April 2018. 2 The matter was set down for hearing on 28 February 2019. On that day, I dismissed the purported appeal by way of extempore judgment. The revised judgment that was subsequently published (CWW17 v Minister for Home Affairs [2019] FCA 264) included the following orders: 1. The notice of appeal filed be treated as an application for an extension of time in which to file and serve an application for leave to appeal; and 2. Said application be dismissed pursuant to r 35.33 of the Federal Court Rules 2011 (Cth) for want of appearance by the applicant. 3 At the hearing, the respondent made an application for a lump sum order of costs, which I declined: see CWW17 v Minister for Home Affairs [2019] FCA 264 at [25]. In lieu thereof, I intended to make a general order for costs. However, the orders that were formally made, and included in the judgment, omitted that costs order. That was done in error. 4 Pursuant to r 39.05(h) of the Federal Court Rules 2011 (Cth) (the "slip rule"), the Court may vary a judgment or order after it has been entered in circumstances where there is an error arising therein from an accidental slip or omission. The non-inclusion of the general costs order was such an accidental omission. 5 Accordingly, I order that, pursuant to the slip rule, the words "with costs" be inserted into Order 2 of the orders of the Court made on 28 February 2019 following the word "dismissed", and that a corresponding change be made to the statement of those orders in CWW17 v Minister for Home Affairs [2019] FCA 264 at [24]. I certify that the preceding five (5) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Chief Justice Allsop.