Ogawa v Commonwealth of Australia

1. The proceeding be dismissed.
2. There be no order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

MEAGHER J 1 On 31 March 2023, the applicant lodged an application seeking relief pursuant to s 39B of the Judiciary Act 1903 (Cth) that her detention by the Commonwealth was unlawful, and seeking an order for damages as a result of false imprisonment, trespass to chattels and/or conversion, and assault and/or battery. The applicant also sought interlocutory orders for suppression pursuant to ss 37AG(1)(a) and 37AI(1) of the Federal Court of Australia Act 1976 (Cth). 2 This matter was allocated to my docket on 2 May 2023. On 11 May 2023, I instructed an email to be sent to the applicant advising that the matter was set down for a first case management hearing at 10:30 am AEST on 13 June 2023. In that email, the applicant was put on notice that she was required to prove service if the respondent did not file a notice of address for service before the case management hearing. 3 The first case management hearing was rescheduled to 11:30 am AEST on 27 June 2023. The applicant was advised of this on 31 May 2023, and was again put on notice that she was required to prove service upon the respondent. 4 The first case management hearing proceeded at 11:30 am AEST on 27 June 2023. The respondent had not filed a notice of address for service, and the applicant failed to prove service. I directed the applicant to the Attorney-General Department's website for details as to how to effect service upon the Commonwealth, and advised that the matter would be called back on in six weeks, at 11:30 am AEST on 8 August 2023, by which time the applicant was required to have served the respondent. 5 At 2:30 pm AEST on 7 August 2023, the applicant sent the below email to the Court: Dear Registry Please inform her Honour that I will not be able to attend tomorrow's case management hearing because: i) my old guinea pig is not very well and I cannot be away from him for too long; and ii) in any event, I am going to file my interlocutory application for her Honour's disqualification in this matter and 2 other matters currently before her Honour so that I do not participate in any proceedings in those matters before the hearing of my interlocutory application. Kind regards Megumi Dr Meg Ogawa (Emphasis in original) 6 On the same day, I instructed an email to be sent to the applicant advising that the case management hearing would proceed, and that non-appearance may result in the dismissal of her application. 7 The applicant has failed to serve the respondent. She also failed to appear at the case management hearing and has not given a reasonable excuse for doing so. Both are events of default. 8 Accordingly, the proceeding is dismissed. There will be no order as to costs. I certify that the preceding eight (8) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Meagher.